XIONG & YOO

In the matter of *Xiong & Yoo*, heard before Judge Morley, the dispute concerned an application by the mother for permission to take the child on an overseas holiday to a country not party to the Hague Convention. The father opposed this application, raising concerns about the potential for the child to be retained in the non-Hague Convention country and the impact on the child's meaningful relationship with him.

The court was required to determine two primary legal issues: firstly, whether permitting the child to travel to the non-Hague Convention country would create an unacceptable risk of the child being retained there; and secondly, whether the proposed travel would jeopardise the child's ability to maintain a meaningful relationship with the father.

Judge Morley considered the evidence presented by both parties in relation to the risks of retention and the importance of the child's relationship with the father. The court applied principles of family law concerning international travel by children, focusing on the paramountcy of the child's welfare and the need to assess any potential risks to their safety and well-being. After careful consideration of the submissions and evidence, the court found that the mother's application should be dismissed.

Consequently, the court ordered that the Application in a Case filed by the wife on 30 April 2019 be dismissed, and further ordered that the Response to Application in a Case filed by the father on 8 May 2019 be dismissed.