RANFORD & MYLES

In the matter of *Ranford & Myles*, the Federal Circuit Court of Australia, constituted by Bennett J, considered an urgent ex parte application by the mother concerning her nearly 17-year-old child, X. The dispute arose from the child's proposed travel to the United States for a scholarship selection process, with the mother intending to accompany X. The father had indicated his intention to prevent the child's travel out of Australia.

The court was required to determine whether to grant the mother permission to proceed with her application on an ex parte basis, given the urgency and the father's alleged intention to frustrate the child's travel. It also had to consider the best interests of the child in deciding whether to permit X to travel overseas, notwithstanding the father's lack of consent, and whether to restrain the father from preventing such travel.

Bennett J reasoned that the best interests of the child were paramount. The court was satisfied that the mother and child would return to Australia as proposed, a crucial factor in assessing the child's best interests in this context. The court also noted multiple unsuccessful attempts to contact the father, justifying the abridgement of time and the immediate hearing of the application. The court granted the application, permitting the mother to remove the child from Australia for the specified purpose and duration, and restraining the father from interfering with the travel. The mother was required to give an undertaking as to damages, and the father was granted liberty to apply to vary or set aside the orders.