Sipkovska and Sipkovski

In the Family Court of Australia at Brisbane, Justice Barry presided over proceedings between Mrs Sipkovska (Applicant) and Mr Sipkovski (Respondent) concerning their son, born in January 1993. The primary dispute before the court was the mother's application seeking the release of her son's three passports, the setting aside of an injunction preventing her from removing the child from Australia, and the removal of the child's details from the PACE Alert System. This application arose in the context of the father's prior conviction for attempted murder of the mother, a serious criminal matter that had significantly delayed earlier proceedings regarding the child's welfare.

The court was required to determine whether to grant the mother's application for the release of the child's passports and to lift the travel injunction. Central to this determination was an assessment of the child's best interests, particularly in light of the father's criminal conduct and the resulting psychiatric diagnoses. The court also considered the mother's stated intention to travel to Macedonia for a short holiday with her son to visit elderly relatives, and the son's expressed desire for such a trip.

Justice Barry reasoned that the mother's application was eminently sensible given the prevailing circumstances. He noted that the child was 14 years old and nearing an age where his own views on travel and contact would be paramount. The court accepted the mother's evidence that the proposed trip was a short holiday and that neither she nor her son intended to relocate permanently to Macedonia, particularly as the son did not read or write Macedonian. The judge found the father's submissions to indicate a continued desire to control the mother and son, which was consistent with psychiatric reports describing him as having delusional disorder with morbid jealousy. The court also acknowledged the son's likely post-traumatic stress disorder stemming from witnessing domestic violence.

Consequently, Justice Barry ordered that the child's three passports be released to the Independent Children's Lawyer, to be held and provided to the mother for specific travel dates upon written notification of travel plans. The injunction preventing the mother from removing the child from the Commonwealth of Australia was set aside, and the Australian Federal Police were directed to remove the child's details from the PACE Alert System. Further orders were made for the father to file an amended application and for the mother to respond, with the matter to be listed for directions and a trial notice to be issued.