TOLBERT & EDISON

This matter concerned an application by the father for permission to travel with the children to a specified overseas country, which was opposed by the mother due to concerns that the children might not be returned to Australia. The court was required to determine whether to grant the father's application, considering the existing final parenting orders made in 2010 which stipulated that children could travel with the consent of both parties.

The legal issues before the court were whether to permit the children to travel overseas with the father, and if so, what conditions and security measures should be imposed to mitigate the mother's concerns about their return. The court also considered the admissibility and weight of certain evidence, including affidavits and documentary material, in light of objections raised by the father under section 135 of the Evidence Act, and whether to draw an adverse inference from the mother's failure to call a particular witness, pursuant to the rule in *Jones v Dunkel*.

The court reasoned that while the mother's concerns were understandable, the father's application could be permitted with appropriate safeguards. The court found that the evidence presented, including affidavits from the mother and another deponent, was admissible and not unfairly prejudicial, misleading, confusing, or causing undue waste of time, despite the absence of one witness for cross-examination. The court also determined that the rule in *Jones v Dunkel* did not warrant an adverse inference against the mother's case. Consequently, the court made orders permitting the father to travel with the children, subject to conditions including travel in the company of his partner, provisions for passport and visa applications, and the children's passports being held by the parent who had most recently travelled with them. Crucially, the father was required to provide security of $20,000 as a bond for the children's return, with provisions for its release or forfeiture depending on compliance. The court also requested the assistance of the Australian Federal Police in implementing the orders.