Westley and Kersey

In the matter of *Westley and Kersey*, heard before Hannam J, the dispute concerned the parental responsibility and living arrangements for a child, X, born in 2006. The orders made by the court indicate a significant disagreement between the parents regarding the child's upbringing and future.

The central legal issues before the court were the determination of who should have sole parental responsibility for the child, where the child should live, and whether the child should have any contact with the father. Furthermore, the court was required to consider the mother's ability to remove the child from Australia and to obtain an Australian passport for the child, particularly in circumstances where the father's consent might be absent.

Hannam J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. Crucially, the court ordered that the child spend no time with the father. In relation to international travel, the mother was granted permission to remove the child from the Commonwealth of Australia whenever she deemed appropriate, irrespective of the father's consent. Additionally, pursuant to section 11 of the *Australian Passports Act 2005*, the mother was given liberty to apply for and obtain an Australian passport for the child, operating as an authority to do so in the absence of the father's consent.