Sherwood and Liu

This matter concerned an application by the mother for permission to travel with the child, X, born in 2012, to China. The father opposed the application. The proceedings were before Judge Newbrun.

The court was required to determine whether to grant the mother permission to travel with the child to China, and if so, what conditions should be imposed to secure the child's return to Australia and facilitate communication between the child and the father during the period of travel.

Judge Newbrun ordered that the mother be permitted to travel with the child to China from a specified date in 2017, returning by a specified date in 2017. The court suspended a previous order during the period the mother and child were outside Australia and requested the Australian Federal Police to remove the child's name from the Airport Watch List. To secure the child's return, the mother was ordered to deposit $30,000 with the father's solicitors and provide a charge over her interest in a property to secure $100,000, with the father entitled to lodge a caveat. The mother was to bear the costs associated with the charge and caveat. The father was ordered to withdraw the caveat upon the child's return. The mother was also ordered to facilitate communication between the father and the child during the period in China. Liberty was granted to the parties to relist the proceedings on 24 hours' notice in the event of any difficulty.