Schaden & Landt

In this matter before Beckhouse J, Ms Schaden (the applicant mother) sought permission to travel with her child, X, to Country B. Mr Landt (the respondent father) raised objections concerning the risks of COVID-19 in Country B and the potential for X not to return to Australia, as well as the impact of the travel on X's relationship with him and her exposure to her dying grandfather's final stages of illness.

The court was required to determine whether the mother should be permitted to travel with X to Country B, and if so, what conditions should be imposed on her departure and stay, and whether compensatory time should be ordered for the father. The court also considered the father's concerns regarding the child's welfare and the potential for the mother to not return the child to Australia.

Beckhouse J reasoned that while the father's concerns were understandable, the mother's urgent need to travel due to her father's terminal illness was a significant factor. The court balanced these competing interests by imposing strict conditions to mitigate the father's risks. These included requiring the mother to provide flight confirmations, a return business class ticket, details of accommodation, and lodging a $5,000 security deposit. The mother was also restrained from travelling more than 20 kilometres from her family's residence in Country B and was ordered to facilitate daily video communication with the father. The court also made orders for "make-up" time for the father to compensate for the period X would be absent.

The court ordered that the mother be permitted to travel with X to Country B for a period not exceeding two months, subject to the detailed conditions outlined in the orders. These conditions included the lodging of security, provision of travel and accommodation details, and arrangements for the child's communication with the father. The court also made specific provisions for make-up time for the father and suspended certain existing parenting orders during the period of travel.