Wing and Tennyson

In the Family Court of Australia at Newcastle, Justice Mullane considered an application by Mr Wing, the father, for his 16-year-old son to travel to the Philippines for nine days with him in April. The proposed trip involved staying at a diving resort. The father argued that the trip offered numerous advantages to the son, including spending time with him, engaging in an enjoyable activity like diving, experiencing overseas travel, and immersing himself in Filipino culture.

The mother, who has primary care of the son, opposed the application, raising several concerns. These included the father's alleged inadequate attitudes to parenting responsibilities, his alcohol use which she claimed compromised his parenting capacity, and her fear that the father would permit the son to consume alcohol during the trip. She also highlighted the son's lack of preparation for the proposed 15 open water dives, given his recent qualification and limited experience. Finally, she pointed to a travel warning issued by the Department of Foreign Affairs regarding the high risk of terrorist activity in the Philippines.

Justice Mullane noted that the father did not respond to the mother's concerns regarding his parenting attitudes, alcohol use, or the likelihood of the son being permitted to drink alcohol. While the father proposed a "scuba tune-up session" to address the diving preparation issue, the court found this insufficient given the number of dives planned. The father did not deny the terrorism risk, and his comparison to a previous proposed trip to India did not address the specific risks associated with the Philippines.

Ultimately, Justice Mullane was not satisfied that the father's proposal was in the son's best interests. Accordingly, the father's application was refused and dismissed.