REICHSTEIN & REICHSTEIN

In REICHSTEIN & REICHSTEIN, Dawe J considered an application by the father for orders permitting him to travel overseas with his children, J and V. The mother opposed the application, alleging that the father did not intend to return to Australia with the children. The father proposed to provide $50,000 security to the mother, payable if he failed to return the children to Australia.

The central legal issue before the court was whether it was in the best interests of the children, J and V, to permit them to travel overseas with their father, given the mother's concerns about their return. The court was required to balance the father's desire to travel with the children against the mother's apprehension and the need to ensure the children's welfare and return to Australia.

Dawe J reasoned that the children's best interests could be adequately protected by imposing stringent conditions on the father's travel. These conditions included providing a detailed itinerary and accommodation details, securing mortgages over two properties totalling $50,000 for the mother's benefit, and ensuring the children's schoolwork was managed. The court also ordered that the children's passports be retained by the mother's solicitors until the father complied with the conditions, and subsequently by the Registry Manager until a specified date, to be released only by consent or further court order. The father was also required to ensure the children telephoned the mother weekly.

The court ordered that the children be permitted to travel overseas with the father between 30 June 2011 and 23 July 2011, subject to the detailed conditions outlined in the judgment. The mother was ordered to obtain the children's passports, which would be retained as specified. The orders also addressed arrangements for the children's schoolwork, weekly telephone contact with the mother, and the suspension of the mother's time with the children during the travel period. Liberty was granted to both parties to apply for consequential orders, and other outstanding proceedings were adjourned.