Zaber and Scarfe

In the matter of *Zaber and Scarfe*, heard by Judge Scarlett, the applicant mother sought orders for the children, X and Y, to spend time with her between 26 December 2015 and 24 January 2016, including permission to remove them from the Commonwealth of Australia. The respondent father was ordered to facilitate this time, and the mother was required to provide a travel itinerary. The court also refused the mother's application to vary a previous consent order made on 13 November 2014.

The primary legal issue before the court was whether to grant the mother's application for the children to spend time with her overseas, and consequently, to permit their removal from Australia for that period. This involved considering the existing orders and the specific circumstances presented by the mother's application.

The court's reasoning, as reflected in the orders, indicates a decision to allow the children to spend time with the mother abroad for the specified period. This was balanced with protective measures for the father, requiring the mother to provide a detailed itinerary and for the father to manage the children's airport transfers. The refusal to vary the prior consent order suggests that the court considered the existing arrangements and determined that the current application did not warrant a departure from them, beyond the specific time-limited overseas access granted.