TOKELY & TOKELY (No.2)

In *Tokely & Tokely (No.2)*, Judge Brown of the Family Court of Australia considered an application by the mother for orders permitting her two children, aged 14 and 11, to travel overseas. The parties, both citizens of Australia and another country, had a strained and mistrustful relationship. The core of the dispute concerned the mother's desire for international travel for the children and the father's concerns regarding their potential non-return to Australia or diversion to a country not party to the Hague Convention.

The court was required to determine whether to grant the mother's request for overseas travel for the children, and if so, what conditions should be imposed to safeguard against the risk of abduction or non-return. This involved assessing the paramount consideration of the children's best interests, taking into account the parents' relationship, the children's nationalities, and the implications of travel to countries that are signatories to the Hague Convention versus those that are not.

Judge Brown reasoned that the children's best interests necessitated a balanced approach that allowed for their international exposure while mitigating the risks identified by the father. The court acknowledged the parents' poor relationship and the need for clear protective measures. The orders reflected a compromise, permitting travel to Hague Convention countries, requiring passport provision and equal cost sharing, mandating advance written notice of travel with itineraries, and establishing a system for passport retention and release.

Consequently, the court ordered that the children be removed from the Family Law Watch List and permitted to travel to countries that are signatories to the Hague Convention. Further orders stipulated that each parent must sign documents for the children's passports, with costs shared equally, and that 30 days' written notice of travel, including an itinerary, must be provided to the other party. The mother was to retain the passports, releasing them to the father upon his request and compliance with the notice provisions.