Tessaro and Tessaro

This matter came before the Court on the application of Ms Tessaro (the Applicant) and the Respondent. The dispute concerned the Applicant's proposed international travel with the child, [X], born in 2007. The Applicant sought permission to travel with the child to [country omitted] between 4 December 2018 and 2 February 2019, and to return the child to Australia by the latter date.

The Court was required to determine whether to permit the child to leave Australia with the Applicant, and if so, under what conditions. Key issues included ensuring the child's return to Australia by the specified date, facilitating communication between the child and the Respondent during the travel period, and arranging for make-up time for the Respondent. The Court also considered the discharge of existing orders and the potential for the child's name to be removed from the Airport Watch List.

The Court's reasoning focused on balancing the Applicant's desire to travel with the child internationally against the Respondent's parental rights and the need to secure the child's return. To achieve this, the Court imposed several conditions on the Applicant's departure and travel. These included an undertaking to return the child by 2 February 2019, a requirement to lodge $10,000 as security for performance, and provisions for telephone communication and make-up time with the Respondent. The Court also directed the Australian Federal Police to remove the child's name from the Airport Watch List, subject to compliance with the stipulated conditions.

The Court ordered that the child be permitted to leave Australia with the Applicant for the specified travel period, subject to the Applicant's compliance with a detailed set of conditions. These conditions included lodging security funds, facilitating communication, and arranging make-up time for the Respondent. Liberty to apply was granted to both parties on short notice for various eventualities, including the child's non-return or the need to recover the child. The Applicant was also authorised to apply for an Australian passport for the child without the Respondent's consent.