Waters and Browning

In *Waters and Browning*, heard by Young J, the dispute concerned an application for an Australian passport for a child, P, born in November 2002. The mother sought to travel with the child to the United Kingdom for an overseas holiday, but the father's consent to the passport issuance was required.

The court was required to determine whether an Australian passport should issue for the child, and if so, whether the father's consent to its issuance could be dispensed with. Additionally, the court needed to consider the arrangements for the child's travel and residence during the proposed holiday period.

Young J ordered that the mother and father have equal shared parental responsibility for the child, with the child to live with the mother and spend time with and communicate with the father as agreed. Crucially, the court authorised the mother to apply for an Australian passport on behalf of the child and ordered that such a passport be issued, permitting international travel. The father's consent to the passport issuance was dispensed with, and the child was permitted to leave the Commonwealth of Australia without his consent. The court also ordered that the mother travel with the child to the United Kingdom on organised flights and that the child remain in the United Kingdom for the duration of the holiday. The mother's application and the father's response were otherwise dismissed.