Wiltcher and Wiltcher

In the matter of *Wiltcher and Wiltcher*, O’Reilly J of the Family Court of Australia considered an application concerning the issuance of passports for two children. The dispute arose between the parents, the father and the mother, regarding the children's ability to travel internationally.

The central legal issue before the Court was whether the father should be compelled to provide his consent and execute the necessary documents for the children to be issued with passports. This involved determining the Court's power to make orders facilitating the issuance of passports in circumstances where one parent may be withholding consent.

O’Reilly J reasoned that the Court possessed the inherent jurisdiction to make orders that are in the best interests of the children. In this instance, the Court found it was in the children's best interests to be able to travel, and therefore ordered the father to take all necessary steps to facilitate the issuance of passports. The Court further ordered that the mother provide completed passport applications to the father, and if he failed to return them within seven days, a Registrar of the Court could sign them on his behalf, dispensing with his signature and consent.