Wilan and Wilan (No 2)

In *Wilan & Wilan (No 2)*, the Family Court of Australia considered an application by the mother for orders enabling her to travel overseas with the parties' child. The father, while not objecting to the immediate proposed travel, expressed concerns about the mother potentially relocating overseas permanently with the child in the future.

The court was required to determine whether to grant the mother's request for the child to be issued with a passport and to permit international travel, and to address the father's future concerns regarding potential relocation. The legal issues involved balancing the child's right to maintain a relationship with both parents, including overseas travel for familial connection, against the father's legitimate concerns about the child's permanent residence.

Justice Murphy reasoned that the father's immediate concerns regarding the proposed Christmas trip to New Zealand were adequately addressed by the limited duration and dates of travel. To mitigate the father's future concerns about permanent relocation, the court ordered that the mother must provide the father with at least 28 days' written notice of any international travel plans with the child, accompanied by a copy of the relevant tickets. Furthermore, the court stipulated that travel to New Zealand for 14 days or less would be permitted, provided these notice requirements were met, placing the onus on the father to apply to prevent such travel if he had specific legitimate concerns. The court also noted that any travel used to unreasonably preclude time between the father and child would be viewed unfavourably.

The court ordered that a passport be issued for the child, and permitted the child to travel internationally from 24 December 2012, returning to Australia no later than 6:00 pm on 1 January 2013. The court also made specific orders regarding future international travel notification requirements and the conditions under which travel to New Zealand would be permitted.