Zubkin and Zubkin (No 2)

In *Zubkin & Zubkin (No 2)*, the Family Court of Australia considered an application by the mother, Ms Zubkin, for permission to take the parties' twin children, born in 2002, on a holiday to Europe between 28 December 2011 and 1 February 2012. The father, Mr Zubkin, opposed the application. The mother's stated primary purpose for the trip was to visit her gravely ill mother, who had a short life expectancy.

The legal issues before the Court were whether it was in the best interests of the children to permit their removal from Australia for the proposed holiday, and whether the mother's application should be granted in light of the existing orders and the parties' conduct. The Court was required to consider the paramount consideration of the children's welfare and best interests under the *Family Law Act 1975* (Cth), including the importance of the children's relationship with both parents, particularly the father, given a recent period of no contact.

Justice Le Poer Trench dismissed the mother's application, finding that it was not in the children's best interests to permit the removal from Australia at that time. The Court noted concerns regarding the mother's unilateral decisions, such as moving the children's residence and enrolling them in a new school without consulting the father. Furthermore, the Court found the mother to be an unreliable witness, citing misleading statements made to the Court and a history of making unsubstantiated allegations against the father, including those of sexual abuse. The Court also considered the impact of a lengthy absence on the children's relationship with their father, which was in the early stages of renewal following a 10-month period of no contact, and the disruption such a trip would cause to existing court orders for the children to spend time with their father during school holidays.