Ventura and Agius

In the Family Court of Australia at Melbourne, Justice Cronin presided over proceedings between Mr Ventura (the applicant husband) and Ms Agius (the respondent wife). The central dispute concerned arrangements for the parties' almost ten-year-old child to travel to Malta to spend time with her father, as had been the practice since 1999. The wife opposed the child's travel, raising concerns about the child's wishes, disruption to schooling, and the cost and difficulty for her to accompany the child.

The court was required to determine whether the child should travel to Malta for a holiday period with her father, and to make orders regarding the travel arrangements, including the child's potential travel as an unaccompanied minor on future occasions. Key legal issues included the child's wishes, the impact of the travel on her schooling, the financial implications for the wife, and the overarching principle of the child's best interests under the *Family Law Act 1975* (Cth). The court also considered the presumption of equal shared parental responsibility, though it was not canvassed by the parties.

Justice Cronin reasoned that the child's best interests favoured the continuation of the established four-week annual visit to Malta with her father, a relationship that remained strong and was not challenged. While acknowledging the child's expressed reluctance and the mother's concerns, the court gave limited weight to the child's wishes due to her age and the potential influence of the mother. The disruption to schooling was deemed not significant enough to outweigh the importance of maintaining the father-child relationship, and the father's financial capacity was noted. The court ordered that the wife accompany the child on the outbound and return flights to Malta, with the husband to cover her airfare and accommodation, and that the child's passport be exchanged upon arrival in each country. Further orders were made for a psychological assessment of the child's maturity for unaccompanied travel, with a trial run for a domestic flight to Sydney, and for the appointment of an Independent Children's Lawyer to assist the parties.