Sherwood and Sherwood

In the Family Court of Australia, Ms Sherwood (the applicant mother) and Mr Sherwood (the respondent father) brought before the court various applications concerning their two children, B and D. The primary dispute revolved around the mother's application for their son, B, who was nearing legal majority, to travel overseas to pursue a sporting career, and for his name to be removed from the airport watch list. The court also considered interim orders for their younger daughter, D, pending a final hearing on the mother's application to relocate with D to England.

The court was required to determine whether B should be permitted to travel to the United Kingdom for a sporting and educational program, and consequently, whether he should be removed from the airport watch list. Additionally, the court needed to address the interim arrangements for D pending the final determination of the mother's relocation application. The court also noted the existing orders for equal shared parental responsibility and the prior orders concerning D.

Collier J reasoned that while the mother's conduct in pursuing the relocation and travel applications had been concerning, particularly her failure to adequately consult with the father, the wishes of B, who was nearly 18 years old and clearly expressed his desire to pursue his sporting talents, were paramount. The court acknowledged the father's concerns regarding the lack of definitive evidence supporting the mother's proposals but ultimately concluded that denying B the opportunity to pursue his aspirations would be detrimental. The court applied the principle that a young person on the verge of majority should be given the opportunity to try and realise their potential, especially in a field where they possess significant talent. The court also noted that once B turned 18, it would have no further jurisdiction over him.

The court ordered that B be permitted to travel to the United Kingdom for the specified sporting and educational purposes and that his name be removed from the airport watch list. The court also recommended that B keep his father informed of his progress, particularly academically. Regarding D, the court ordered that existing orders for equal shared parental responsibility and D's living arrangements remain in force pending the final hearing of the mother's relocation application, which was expedited. The court also imposed a condition that the mother seek leave from a Registrar before filing any further interim applications.