Sawant and Karanth

The case of *Sawant and Karanth* concerned an application by the mother for permission to relocate with the child, K, born in 2010, to India. The father opposed this relocation. The matter came before Foster J.

The primary legal issues before the court were whether the mother should be permitted to relocate to India with the child, and what parenting orders should be made to govern the child's living arrangements, parental responsibility, and time spent with each parent, particularly in light of the proposed international relocation. The court was also required to consider the practicalities of international travel for the child and the father's ability to spend time with the child.

Foster J ordered that the mother be permitted to relocate to India with the child forthwith. The court granted the mother sole parental responsibility and ordered that the child live with her. The father was to spend time with the child as agreed in writing, with detailed provisions for communication via electronic means and for the father's time with the child in India and Australia in default of agreement. The court also made orders regarding the child's international travel, including removal from the Airport Watch List. To facilitate the father's time with the child and ensure compliance with the orders, the mother was restrained from applying for the child's passport until a sum of AUD$25,000 was paid to the father's solicitors, to be held in trust. The mother was also ordered to use her best endeavours to procure the discontinuance of any proceedings in India against the father or his family. All outstanding applications were dismissed.