WESSELL & WESSELL

This matter concerned an application by the mother for orders permitting her to travel with the child, B, to the United States of America. The father sought to oppose these travel plans. The proceedings were heard by Watts J in the Family Court of Australia.

The primary legal issues before the court were whether to permit the child to travel overseas with the mother, and if so, under what conditions and with what safeguards for the father and the child's welfare. This included determining the duration and frequency of such travel, the arrangements for the child's care and supervision during the trips, and the communication protocols between the parents regarding the child's whereabouts and well-being. The court also considered the financial implications, including the provision of a security bond, and the ongoing parental responsibilities concerning the child's special needs during travel.

Watts J made detailed orders permitting the child to travel to the USA with the mother for specific periods, commencing with a 16-day trip in December 2012. Subsequent annual trips were also permitted, with increasing durations. The orders stipulated numerous conditions designed to ensure the child's safety and well-being, including the mother providing detailed itineraries, advising airlines of the child's special needs, consulting with a medical professional regarding medication and travel assistance, and lodging a substantial cash bond. The court also made provisions for the father to have significant time with the child upon their return to Australia and for ongoing communication regarding the child's welfare. The father was directed to positively reinforce the benefits of the travel experience for the child, while the mother was to ensure the child retained items that might remind him of his father. The court also discharged orders relating to an Independent Child's Lawyer and dismissed an application for Legal Aid NSW to fund separate representation for the child.