Raycliff and Nilssen (No.2)

In *Raycliff and Nilssen (No.2)*, Judge Brown considered an application by the mother for permission to take the child of the marriage, X, born in 2007, on a holiday to a specified country outside of Australia between 1 January 2014 and 28 January 2014, without the father's consent. The dispute centred on the father's objection to the proposed international travel.

The court was required to determine whether to grant the mother leave to take the child overseas despite the father's lack of consent. This involved considering the child's best interests in the context of international travel and the father's parental rights. The court also had to address the practical arrangements necessary to facilitate such travel and ensure the child's safe return, including the management of the child's passport and the provision of security.

Judge Brown reasoned that the child's best interests would be served by allowing the holiday, subject to stringent conditions designed to safeguard the father's parental involvement and the child's welfare. The court ordered that the father deliver the child's passport to the Registrar, who would retain it until the mother provided proof of return travel. Further orders mandated the provision of a detailed itinerary, proof of return tickets, comprehensive travel insurance, and a surety bond of $25,000. The father was also granted specific telephone communication rights during the travel period, and existing time orders were suspended and replaced with make-up time arrangements.