Watts and Watts

In the Family Court of Australia, Ms Watts (the wife) sought permission for her two children, B and C, to travel to Country D for a holiday with her, while Mr Watts (the husband) opposed the application due to a DFAT travel warning for that country.

The court was required to determine whether permitting the children to travel to Country D, in light of the DFAT warning, was in their best interests. A secondary issue concerned the process for issuing and retaining the children's passports.

Justice Cronin applied the "best interests of the children" test, finding that the holiday was in the children's best interests and that the risk of harm was not unacceptable. The court noted the husband's legitimate concerns regarding the DFAT warning, but considered evidence of the hotel's security and the location of the proposed activities, which were situated away from areas of known activity. The court also addressed the passport issue, ordering that both parents take necessary steps for its issuance and that the husband retain the passport upon the children's return, with future travel requiring mutual consent or further court application.