Sawant & Karanth

The case of Sawant & Karanth involved a dispute between the parents of a young child, born in July 2010, regarding the child's relocation to India. The mother sought to move with the child to India, while the father opposed this relocation and proposed that the mother continue to be the primary carer in Australia. The case was heard in the Family Court of Australia and later appealed to the Full Court. The primary issue before the court was whether the trial judge had correctly assessed the child's best interests in the context of the proposed relocation to India. This involved evaluating the mother's allegations of violence against the father, her mental health, and the social and economic circumstances in Australia.

The court considered whether the trial judge had appropriately weighed the legal dismissal of the mother's allegations of violence against the father and whether a higher standard of proof should have been applied to these allegations. Additionally, the court examined whether the trial judge had correctly determined the child's best interests in light of all the evidence presented. The trial judge had concluded that the child's best interests were served by the mother's proposed relocation to India, taking into account the factors that were relevant to the decision. The Full Court found no error in the trial judge's assessment and upheld the decision in favour of the relocation.

The Full Court dismissed the father's appeal, affirming the trial judge's orders. The court discharged certain orders made by the trial judge, including removing the child's name from the Airport Watch List and discharging the requirement for the mother to provide a passport for the child. The court also ordered that until the mother and child leave Australia, the father would have access to the child in accordance with the previous orders or as otherwise agreed by the parties. There was no order regarding costs. The final orders of the court reflect the conclusion that the relocation to India was in the child's best interests.