Zestva and Zestva

Rees J considered an application concerning the travel arrangements for a child, M, between the child's parents. The dispute centred on the conditions and permissions for international travel with M, who was born in January 2002.

The court was required to determine the terms under which the father could travel with M to Shanghai, and the mother could travel with M to Japan. Further issues included the notification requirements for such travel, the responsibilities of each parent while overseas with the child, and arrangements for the child's passport and birth certificate. The court also needed to consider the consequences of contravening any orders made.

Rees J made orders permitting the father to travel with M to Shanghai between 6 April 2012 and 22 April 2012, provided he gave notice to the mother by 26 March 2012. An alternative travel period for the father to Shanghai was also provided between 30 June 2012 and 15 July 2012, subject to one month's notice. The mother was permitted to travel with M to Japan between 22 September 2012 and 7 October 2012, or for a three-week period during the Christmas holidays 2012-2013, also requiring one month's notice to the father. The orders stipulated detailed requirements for itinerary provision, primary caregiving, communication with the other parent, notification of illness or accidents, and the process for obtaining and returning the child's passport. The court also ordered that each party would do all things necessary to ensure a passport was issued for M, and that a fact sheet detailing the obligations and consequences of contravention was incorporated into the orders. Liberty was granted to restore the matter if difficulties arose in implementing the orders.