Wilde and Wilde (No.2)

This matter concerned orders made by Judge Monahan in the Federal Circuit Court of Australia regarding the international travel arrangements for a child, B, born in 2007. The dispute centred on how B would travel to spend time with his father, particularly concerning the conditions and supervision required for such travel, and the child's readiness for unaccompanied travel. The court was also required to consider B's Autism Spectrum Disorder (ASD) and its implications for his wellbeing and travel arrangements.

The court was tasked with determining the specific conditions under which B would travel internationally to spend time with his father. This included whether B could travel as an unaccompanied minor, the requirements for accompanying persons on flights, and the supervision arrangements during his time with the father. Furthermore, the court needed to address the psychological and therapeutic preparations necessary for B, especially in relation to his ASD and the prospect of unaccompanied travel, and how these preparations would be facilitated and monitored by both parents.

In reaching its decision, the court discharged a previous order and made detailed new orders concerning B's travel. These orders stipulated that flights should be direct and during daytime hours where possible. Crucially, B was to be accompanied on all air travel by specific individuals until the end of Term 4 2020, after which he could travel as an unaccompanied minor, subject to a comprehensive list of conditions. These conditions included the completion of recommended counselling and therapy, specific flight arrangements, a clean school record, and notification to the airline of B's special needs and a request for public toilet accompaniment. The court also ordered that B continue to engage with a psychologist regarding his ASD and preparation for unaccompanied travel, with both parents to participate in meetings with the psychologist.