Bandi & Dora (No 2) [2025] FedCFamC1F 469 (2 July 2025)

1. In the event of a decision made with respect to a major long-term decision made in the circumstances of an emergency the mother shall provide to the father, as soon as she is practicably able to do so, with:

(a) As much information as she is able; and

(b) Details of any medical practitioner, hospital or other professional that the mother has consulted with respect to the decision.

1. The mother and father shall have sole decision making for decisions about the day-to-day care, welfare and development of X during periods when X is in the mother or father's respective care.

1. X shall live with the mother.
2. X spends time with the father as follows, and X's time with the mother during these periods shall be suspended:

(a) During school term time, for up to one period of up to 10 consecutive nights in each school term, as follows:

(i) Such time to occur between the commencement of week 3 to the conclusion of week 6, however, in the event that:

1. The father does not nominate to spend time with X in the school holidays immediately prior to the school term commencing, he may chose up to 10 nights which includes the first two weeks of term; or
2. If the father does not nominate to spend time with X in the school holidays immediately following the last day of the school term, he may have up to 10 nights which includes the last three weeks of the school term.

(ii) That time commence at the conclusion of school (or 3.00pm on a non-school day) on the first day nominated by the father for time to commence;

(iii) That changeover at the conclusion of time be at the commencement of the school day (or 3.00pm on a non-school day);

(iv) That changeover is to occur at the main school gate at C School irrespective of whether changeover occurs on a day that X is required to attend school;

(v) That the father is to ensure X attends school at C School and his extracurricular activities when in his care, subject to any illness suffered by X;

(vi) That the father to provide at least 60 days' written notice to the mother via their parenting app to confirm he will be exercising his time with X pursuant to Order 5(a)(i).

(b) During the school holidays following terms 1, 2 and 3 as follows:

(i) Subject to Order 5(b)(ii) for one half of all holiday periods being the second half in each odd numbered year and the first half in all even numbered year;

(ii) For the entirety of the school term 2 holidays in alternate years, commencing in 2026 on the proviso that X shall live with the mother for the entirety of the term 2 school holidays in 2027 and each alternate year thereafter;

(iii) That in the years in which X lives with the mother for the entirety of the term 2 holidays, being in 2027 and each alternate year thereafter, X shall spend the entirety of the Term 3 holidays with the father.

(c) The school holiday periods in Order 5(b) will be calculated by:

(i) Adding up the total nights of the school holiday period (including any Staff Development Day) and dividing the nights by two;

(ii) That the first half commences at the conclusion of school on the last day of school term and the first day of the second half commences at 3.00pm on the middle day of school holidays;

(iii) If there are two middle days the father will have X in his care for the additional day;

(iv) X is to be returned to the mother's care on 3.00pm on the day before the school goes back if the time is spent in Australia or otherwise if time occurs overseas, three days before.

(v) The father to provide at least 60 days prior notice to Mother via the parenting app to confirm he will be exercising his time in the school holidays in accordance with this Order.

(d) During the term 4 holidays in each year for up to a total of 28 days as nominated by the father in writing to the mother via the parenting app provided that:

(i) One period of time may occur between 3.00pm on 7 December to 10.00am on 25 December in each odd numbered year and to 8.00pm on 24 December in each even numbered year;

(ii) One period of time may occur between 3.00pm on 7 January to 3.00pm on 29 January odd numbered years and to 8.00pm on 28 January in even numbered years;

(iii) X is to be returned to the mother's care:

1. On 3.00pm on the day before the school goes back if the time is spent in Australia or otherwise if time occurs overseas, three days before.

(iv) That the father to provide at least 60 days prior notice to mother via the parenting app to confirm he will be exercising his time in the school holidays in accordance with this Order.

1. Notwithstanding the above Orders, X shall spend time with the mother and father on the following special occasions as agreed in writing or failing agreement as follows:

(a) With the mother:

(i) On Mother's Day each year, from 8.00pm on the Saturday immediately before Mother's Day until 8.00pm on Sunday;

(ii) For Mother's birthday each year, from 8:00pm on [...] to 6:00pm on [...];

(iii) From 3.00pm on [...] (X's birthday) to 9.00am on [...] in odd even years, and from 8.00pm on [...] to 3.00pm on [...] in even odd years;

(iv) On Diwali from 3.00pm to 9.00am the following day;

(v) The weekend closest to Holi from 3.00pm on Friday to 9.00am on Monday.

(b) With the father, in the event that the father is present in Australia on such occasions:

(i) On Father's Day each year, from 8.00pm on the Saturday immediately before Father's Day until 8.00pm on Sunday;

(ii) For Father's birthday each year, from 8:00pm on [...] to 6:00pm on [...];

(iii) From 3pm on [...] (X's birthday) to 9am on [...] in odd years, and from 8pm on [...] to 3pm on [...] in even years; and

(iv) On Easter weekend from 3.00pm on Good Friday to 9.00am on Easter Monday, except in 2028 and 2030.

1. Unless otherwise agreed in writing between the parties via the parenting app or as otherwise specified above, changeover shall occur as follows:

(a) At 3.00pm on any day that time with the father is to commence or conclude;

(b) At the main school gate at C School irrespective of whether this is a day when X attends school;

(c) That either parent may nominate an alternate adult known to X to collect or deliver X to and from changeover on their behalf;

(d) That if X is to attend school or any extra-curricular activities on any occasion that he is in the father's care, at changeover to the father, the mother will provide any school uniform or mandatory equipment he may require during that period and the father shall ensure that X returns with these items at the conclusion of time and in the event that any items are lost or not returned to the mother at the end of the visit the father will replace the identical item at his cost or reimburse to the mother the cost of the identical replacement items.

1. The Australian Federal Police be directed to remove X from the Family Law Watch List in all points of arrival and departure in the Commonwealth of Australia as of 1 January 2026.
2. Commencing from 1 January 2026, the father shall be at liberty and is hereby permitted to have X travel to the USA on up to two (2) occasions per year subject to the following:

(a) The father cause to be registered these Orders with the City D Family Court, or other state in the USA which the father may live, prior to X's travelling and for this purpose:

(i) The father is solely responsible for all associated costs of the registered USA Court orders to be registered in his resident state which is presently City D;

(ii) The mother shall accept service via K Lawyers and forthwith upon the father filing the request as provided for in Order 9(a) above, shall forthwith file a Notice of Appearance/Address for Service or equivalent with the relevant Court;

(iii) That neither party shall make or file any objections to such registration, shall comply with any request to address any requisition raised by the relevant Court to assist with the registration of the Orders within seven (7) days of being advised of such requisition and shall sign any necessary paperwork with respect to the registration as required by the relevant Court as part of the registration process.

(b) Until X has attained the age of 14 years, X must travel with a parent or be accompanied by an adult third party nominated by the parent making the travel arrangements and known to X;

(c) Upon X turning 14 years old, X may be permitted to travel alone in accordance with the relevant airline's unaccompanied minor program;

(d) The paternal grandparents may facilitate changeover on the father's behalf by accompanying X (including on any international flights) until he is in the father's care and/or to the airport for an unaccompanied minor flight; and

(e) The father is responsible for making travel arrangements and meeting the costs for X's airfare and the father will provide X's travel itinerary, being flights and accommodation details, to the mother by no later than seven (7) days prior to the scheduled departure time.

1. Commencing from 1 January 2026, pursuant to section 65Y of the Family Law Act 1975 (Cth), the mother and father shall each be permitted to travel overseas with X during any periods that X is in their care pursuant to these Orders, or otherwise as agreed between the parties in writing, provided that there is full compliance with the following:

(a) Any travel to the USA with the father be subject to the provisions of Order 9 above;

(b) The travelling parent shall provide to the non-travelling parent at least seven (7) days written notice via the parenting app prior to the intended departure date for the travel, with written details of the following:

(i) The names and places outside of the Commonwealth of Australia where it is proposed that X will travel;

(ii) The proposed travel dates and itinerary of travel, including departure and arrival dates to and from each country to which it is intended travel occur; and

(iii) The contact details whilst X is outside the Commonwealth of Australia including addresses of all places where it is proposed X will be staying overseas.

1. If the travelling parent has given written notice in accordance with these Orders, the non-travelling parent shall release X's Passports to the travelling parent in accordance with these Orders, and the non-travelling parent shall sign all documents necessary for X to travel with the travelling parent, including any visa applications.
2. That in respect of X's passports, other than as necessary for travel in accordance with these orders:

(a) X's Australian and USA passports shall be kept in the custody of the mother;

(b) Unless otherwise agreed between the parties in writing, only an Australian and/or USA passport is to be issued or renewed for X and each party is restrained from allowing X to travel on any other passports;

(c) That the mother shall provide to the father (or his nominee), X's Australian passport, and if he is travelling to the USA, his US passport, not less than three (3) days of prior to X's overseas travel with the father pursuant to these Orders; and

(d) Thereafter, the father shall return X's passports to the mother (or her nominee) with X upon his return to the mother's care.

1. The mother shall deliver X's Country J passport to the father (even if expired) at the next changeover event thereafter when X comes into the care of the father.
2. Each party shall take all steps necessary to renew X's USA and Australian passports by no later than six (6) months prior to the expiry date.
3. That if X's USA or Australian passports need renewing:

(a) The mother will prepare the necessary renewal forms for the father to sign;

(b) The mother will send the forms to the father in the first instance for him to sign;

(c) The father will have 14 days to sign the Passport forms (with witnessing if required) and return the signed completed forms to the mother;

(d) The parties will each pay 50 per cent of the fees associated with the Australian passport renewal limited to application fees, photos and any postage with the mother to notify the father of the fees and the father will pay the mother for his 50 per cent share of the fees within seven (7) days of receiving the mother's notice;

(e) If either parent loses X's passport whilst they have custody and control of it, that parent shall replace the passport as soon as is reasonably practicable, and not later than within the following 30 days, at their sole cost;

(f) The father will pay 100 per cent of the fees associated with X's USA passport renewal limited to application fees, postage, photos, with the mother to notify the father of the fees and the father will pay the mother 100 per cent of the fees within seven (7) days of receiving the mother's notice; and

(g) If the father fails to return the passport forms to the mother signed by him in accordance with these Orders, the mother is permitted to apply for an Australian Passport for X pursuant to Section 11(1)(b) of the Australian Passports Act 2005 (Cth), without the consent of the father and without his signature.

1. Each of the parents are at liberty to travel within Australia with X during their time with X as set out in these Orders, subject to:

(a) The travelling parent shall provide to the non-travelling parent written notice at least seven (7) days prior to any intended interstate travel that X will take for more than 24 hours; and

(b) Such written notice to include details of the trip including travel dates, flight/transport details and accommodation location during the trip.

1. In relation to communication between the parents all notifications in writing for the purposes of these Orders and other communication between the parties will be via the AppClose app or other agreed parenting app.
2. In the instance of a genuine emergency related to X, the parties are permitted to communicate with each other through WhatsApp.
3. The mother shall facilitate X speaking with the father using providers such as FaceTime, WhatsApp, or Teams, with the call to be initiated by the mother as follows:

(a) Between 1 April and 30 September, on one weekday per week, with the call starting between 8.00pm and 8.30pm AEST/AEDST and for the purpose of this order, the mother will notify the father by the first day of the new school term the suitable day each week for that school term having regard to X's commitments;

(b) Between 1 October and 31 March, on one weekday per week, with the call starting between 6.30am and 7.00am AEST/AEDST and for this purpose of this order, the mother will notify the father by the first day of the new school term the suitable day each week for that school term having regard to X's commitments;

(c) On each Sunday, with the call starting between 8.30am and 10.00am AEST/AEDST; and

(d) On X's birthday, the father's birthday and Father's Day (in Australia), with the call starting between 8.30am and 10.00am AEST/AEDST.

1. The father will facilitate X speaking to the mother during periods of time X spends with the father on every third day between 8.00pm and 8.30pm AEST/AEDST (with day one being the day X commences time with his father) by way of FaceTime, WhatsApp or Teams, and the father to initiate the call.
2. In the event X requests to call the other parent, the parent who is caring for X will facilitate a FaceTime, WhatsApp or Teams call as soon as practicable.
3. Each parent will allow X to end the call in accordance with his wishes.
4. In the event the father is residing in the USA the mother is to send to the father via AppClose updates and photographs (if available) of X's key educational, sporting and other milestones of importance.
5. Within 14 days of the date of these Orders, the mother shall notify the father, in writing via the parenting app, of an Australia Post location at which the father is at liberty to fund a PO Box through Australia Post for the purpose of X receiving packages or mail from the father or the father's family and/or agents, and the mother will ensure that any packages or deliveries sent to X via the PO Box are provided to him promptly of being notified by the father that any packages or mail have been sent to X.
6. The mother shall inform the father within 14 days of any change to her residential postcode in writing via the parenting app.

1. On a without admissions basis neither party will:

(a) Denigrate the other, or members of the other parent's family to X or within his presence and/or hearing;

(b) Discuss these proceedings with or in the presence or hearing of X or show to X any document connected with these proceedings;

(c) Other than to protect X's immediate safety, raise their voice at, and/or handle roughly, X; and

(d) Knowingly enter the other party's residential building.

1. The parties must notify the other parent as soon as practicable of any serious medical issues or illnesses suffered by X whilst in their care that required professional medical intervention, including but not limited to, details of any treating medical practitioners and any medication prescribed for X.
2. In the event there is any medical emergency involving X, including but not limited to serious illness, accident or hospitalisation, the parent with the care of X is to immediately contact the other parent as soon as practicable and provide the other parent with all documentation and information in their possession regarding the emergency.
3. The mother and father will provide any medication for X and appropriate instructions for its administration to the other parent prior to or at the time of any changeover if continuity of care is required and the other parent will ensure that they follow the instructions for the administration of the medication for X.
4. Each parent shall be permitted to liaise directly with the child's school, sporting, co-curricular and extra- curricular bodies, any doctor, hospital or other medical practitioners treating the child to obtain information about the physical and/or mental health of the child and the progress of any treatment he may be receiving, and that these Orders authorise the release to each party of such information, including copies of any notices, information, newsletters, medical reports and other necessary information about the child, provided that the mother and/or the child's contact details including but not limited to residential address, email address, Medicare number and phone number are redacted or removed from any documents, photos, videos or information provided to the father.
5. Each parent is at liberty to attend the child's school or extracurricular activities scheduled during their time. If one parent wishes to attend an event to which parents are invited to during the other parent's time, they shall notify the other parent of their intention to attend the event at least five (5) days prior in the parenting app and provided such notice is provided in accordance with this Order shall thereafter be at liberty to attend the said event.
6. Each party shall give all consents, sign all documents and do all things necessary to ensure that each parent can obtain from X's school, at their own cost a copy of all school reports, progress reports and photo order forms and not do anything to prevent the other parent being able to access the relevant Student/Parent Portal on the C School website.
7. Each parent shall notify the other if a circumstance arises where they are not able to care for X for a period of more than 10 consecutive nights and shall notify the other parent of any alternate care arrangements made for X during that time.

1. Until such time as the parties agree for X has his own mobile phone, the father shall permit X to take his watch from the mother's residence during his time with the father and the father shall ensure the watch is switched on, charged and accessible to X for the full period of time that X is in the care of the father.
2. Both parties shall ensure that once X has his own mobile phone that he is at liberty to use it to contact each of his parents as he wishes.

1. The parties are granted leave to provide these Orders to their US based legal representatives and attorneys for the purposes of the proceedings in the USA, and for the parties to comply with Order 9(a).

1. Pursuant to section 51(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth), the application for child support departure order made by way of Amended Initiating Application filed 28 May 2024 is transferred to the Federal Circuit and Family Court of Australia (Division 1).

1. On 30 September 2025, in accordance with section 123(1)(b) of the Child Support (Assessment) Act 1989 (Cth) (the Act), the father will pay to the mother the sum of $49,990 for the child by way of lump sum periodic child support (lump sum child support).
2. Upon the father's compliance with Order 38 above, in accordance with section 123A of the Act, such lump sum child support is to be credited against any and all liability of the father under any assessment that may have issued, or may in the future issue, and for that purpose the lump sum child support is agreed to account for 100 per cent of the annual rate of any periodic child support payable by him under any assessment issued by the child support agency for so long as the father would otherwise be liable to pay child support for the benefit of the child, X born 2015.
3. From 1 October 2025 and thereafter, in accordance with section 118 of the Act the amount of periodic child support that the father is required to pay to the mother for the child is hereby varied to $0.00 per month and for the avoidance of doubt, periodic child support as assessed by the Child Support Agency be paid until such time as the payment is made.

1. Pursuant to ss123(1)(a) and 124 of the Act, the father will pay by way of non-periodic child support:

(a) 100 per cent of the child's fixed fees at C School, Suburb L, New South Wales (C School), being the annual tuition fees, activity charge and technology levy including GST published on the C School website from year to year, to be paid directly by the father to C School, or the fees associated with the child's attendance at such other school to a maximum amount as that he would have been required to pay in the event that the child continued to attend C School; and

(b) Commencing from 15 January 2026 and each year thereafter until the conclusion of his secondary education, the fixed sum of $12,500 per annum, to be paid to the mother's nominated bank account, with such amount payable on or before 15 January in each year.

1. Save for as provided by these Orders, Orders 33 to 40 of the orders sought by mother in her Further Amended Initiating Application filed on 12 May 2025 relating to child support be dismissed.
2. Save for as provided by these Orders, Orders 44 to 47 of the orders sought by the father in his Second Amended Response to Initiating Application filed 19 May 2025 relating to child support be dismissed.
3. The Interim Orders made by Justice Curran on 17 October 2024 be discharged.
4. Each party pay their own costs of and incidental to the child support issues.

1. At the time these orders are made in circumstances where the mother resides in Australia and the father in the USA, the parties agree that should the father permanently relocate to Australia that would be a significant change for the purpose of s 65DAAA of the Family Law Act 1975 (Cth).
2. Section 50(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) creates a prohibition on instituting first instance family law or child support proceedings in the Federal Circuit and Family Court of Australia (Division 1). Pursuant to section 50(2) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) if proceedings are so instituted, the proceedings are transferred to the Federal Circuit and Family Court of Australia (Division 2) and are validly filed.

1. By delegation from the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) dated 6 December 2024 and pursuant to section 51 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) it is appropriate to transfer the proceedings to the Federal Circuit and Family Court of Australia (Division 1) noting the existence of the associated pending matter and noting it is in the interests of justice to so transfer the proceedings.

1. The Child Support Agency acknowledged service of the mother's Further Amended Initiating Application filed 12 May 2025, on 20 June 2025.
2. The current Child Support Assessment issued on 4 June 2025, for the assessment period between 1 July 2025 to 20 April 2026 requires the father to pay an annual child support amount of $27,304.
3. Orders 4, 5, 5(d)(i), 5(d)(ii), 6(b)(iv), 13 and 33 were not made by consent and the balance of the Orders were made with the consent of the parties.

Orders 6(a)(iii) and 6(b)(iii) were amended pursuant to the slip rule (r 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bandi & Dora has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. These are parenting proceedings between the applicant mother, Ms Bandi, and the respondent father, Mr Dora. There is one child of the relationship, X, born on 2015 ("the child"), he is 10 years of age.
2. The parties commenced cohabitation in September 2006 in City D. They moved to Sydney in December 2010 and then returned to City D in January 2014. The parties separated on a final basis on 1 May 2019, following which the mother moved back to Sydney in October 2020. At this time the father and X remained living in City D, until November 2020 where the mother and X travelled to Sydney; there was agreement between the parents that X would remain here until June 2021. X remained in Australia with the mother following this time and in May 2022, the mother commenced parenting proceedings in this Court. In May 2024 the mother sought orders for a child support departure; orders that I have now made.
3. As identified by the mother in her case outline, the parties agree that X is to remain living in Australia with the mother and is to spend time with the father. As such the issue for determination in the parenting proceedings were limited and the parties, to their credit, reached agreement in relation to a great deal of the areas of dispute.
4. The limited issues that existed in relation to the child support departure application are now agreed and orders have now been made.
5. As I said, to their credit, the parties with the assistance of their experienced legal representatives were able to reach agreement in respect of many of the matters that had been in dispute up until the commencement of this week. There remained a number of discrete issues in dispute that I have determined in these reasons. I have taken into account all of the evidence filed by the parties and relied upon, but in particular the report of Dr E, the comprehensive oral submissions, and the reference to particular paragraph numbers, both in Dr E's report, the parties' affidavits, and the maternal grandfather's affidavit, in support of the orders that they contended should be made in X's best interests.

1. There were seven issues that remained in dispute. The issues in dispute are as follows:

(a) Whether there should be a restraint on the mother changing X's residence without first providing not less than 60 days prior written notice or whether there is simply a requirement to provide notice (Order 1.5.3 and 1.5.4);

(b) Whether the live with and time with orders should be made limited to "while the father resides in the USA" (Orders 4 and 5);

(c) The time X shall spend with the father during the school holidays (Order 5.4.1. and 5.4.2);

(d) Whether if the father is present in Australia, he also spends time with X from Good Friday until Easter Monday (Order 6.2.4);

(e) Whether the father should be required to pay a deposit bond if X travels overseas (Order 9.2);

(f) Whether the mother should deliver to the father the expired Country J passport (Order 13); and

(g) Whether the mother should be required to provide notice to the father of health issues that render her unable to care for X, the timing of the notice, updates as to capacity and alternate care arrangements made for X (Orders 33 and 34).

1. Orders in respect of children are informed by Pt VII of the Family Law Act 1975 (Cth) ("the Act"), and the meaning of a parenting order is defined at s 64B.
2. Section 60CA of the Act provides that the Court is to regard the best interests of the children as the paramount consideration. Section 60B of the Act outlines the objects and principles underlying Pt VII, being to ensure that the best interests of children are met, including by ensuring their safety, and to give effect to the Convention on the Rights of the Child ("CROC").
3. Section 60CC(2) identifies the matters that the Court is to take into account in determining what is in the best interests of a child, those being:

(a) what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of:

(i) the child; and

(ii) each person who has care of the child (whether or not a person has parental responsibility for the child);

(b) any views expressed by the child;

(c) the developmental, psychological, emotional and cultural needs of the child;

(d) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child's developmental, psychological, emotional and cultural needs;

(e) the benefit to the child of being able to have a relationship with the child's parents, and other people who are significant to the child, where it is safe to do so;

(f) anything else that is relevant to the particular circumstances of the child.

1. In my consideration of the parenting orders that are in the best interests of the child I have taken into account the factors in s 60CC(2) of the Act in making these orders.

Whether there should be a restraint on the mother changing X's residence without first providing not less than 60 days prior written notice or whether there is simply a requirement to provide notice (Order 1.5.3 and 1.5.4)

1. The mother stated that the father consented to the mother and X remaining in Australia, following their extended stay in 2020. The father denied ever consenting to the mother relocating to Sydney permanently with X.
2. The father's position was that a "Trip Agreement" had existed between the parties for X to travel to Australia from 19 November 2020 until 30 June 2021 only. He stated it was never discussed nor agreed that X would remain in Australia indefinitely, conversely, he asserted that the parties had agreed that City D was their home and that they would raise X there.
3. The mother stated that the father understood that she was in Australia indefinitely. The father stated that he expressly requested that X be returned to City D by 30 June 2021 and also proposed that he could collect X from Australia to take him back to City D. However, he said that only on 30 June 2021 did he really become aware that the mother did not intend to return X to City D.
4. The father considered filing a Hague Application for the return of X, however, delayed due to the mother's health condition and his desire, he says, to maintain an amicable co-parenting relationship. However, by the time of the application, which was filed on 8 June 2022, it was refused as X had been residing in Australia for more than 12 months.
5. The mother said she and the father had a conversation in January 2022, at which point she asserted it was clear that X and the mother were going to remain in Australia indefinitely. The father said it was not until the mother initiated proceedings in May 2022, that he realised her intention to remain in Australia indefinitely, after which he filed the Hague Application. The mother's evidence at [247] and [240] sets out her contention of what she had understood was the arrangement and that they would remain in Australia indefinitely.
6. The father relied on the email communication between he and the mother, he and the maternal grandfather, and the mother and the school, in support of his contention that the mother avoided a response to the question as to when they were returning, and if they were returning, and then eventually, whether they were returning at all. The communications became exhibits 3, 4, and 5 in support of the father's contention that the mother had unilaterally remained in Australia against his wishes.
7. The mother contended that she was visiting by agreement and that "extenuating circumstances" resulted in the ultimate decision being made. Those extenuating circumstances relating largely to her health and the family support that she had here.
8. It is not necessary to determine ultimately this area of dispute in circumstances where on both parties' evidence there was conflict and disagreement about the timing and the communication of the decision made to remain in Australia.
9. Although there has been a consent position to X living in Australia following the release of the Dr E report, the parties have been involved in hard fought litigation and there is a high level of mutual distrust.
10. The mother contended that the obligation to deliver X to the gates of the school at changeover should alleviate concern of an intention to unilaterally relocate without notice. However, the father seeks a restraint. I was not taken to any evidence of an intention to relocate by the mother. But in the circumstances, and against the background where there has been such a history of mistrust that continues to exist to a degree, although hopefully in the future will improve, a restraint from changing the child's residence without first providing written notice via the parenting app leaves no doubt of the obligations and is appropriate and, in my view, warranted in this case. It is not onerous and in any event accords in many ways with the mother's proposal to require notice to be given. Accordingly, I order the restraint in the terms sought by the father.

Whether the live with and time with orders should be made limited to "while the father resides in the USA" (Orders 4 and 5)

1. The father deposed that he has no intention of relocating to Sydney in the foreseeable future and both parties agree that X is to remaining living with the mother in Australia. But no party relied upon any particular evidence in support of their respective contentions as to whether the words "while the father resides in the USA" should or should not be included in the orders.
2. The parties agreed to a notation that "at the time these orders are made in circumstances where the mother resides in Australia and the father in the USA, the parties agree that should the father permanently relocate to Australia that would be a significant change for the purpose of s 65DAAA." The concern is whether that notation is going to be interpreted by any particular judicial officer in the same way.
3. The parties have consented to the orders for live with and time with orders on the basis that the parents live respectively in Australia and the USA.
4. To include the words "while the father lives in the USA" are unnecessary and may be the cause of uncertainty in the future if the father resides in a location other than USA but is not Australia. The words are likely, it seems to me, to create a further conflict if the father does relocate to another location and his evidence was that his employment has locations in the USA and other locations and that is a possibility. There is a high level of distrust, it has been high in the past and deleting these words, in my view, will avoid a potential area of dispute. They are not necessary.
5. I note that with the assistance of Senior Counsel for the father and Counsel for the mother, that the parties have each consented to the aforementioned notation, accordingly I do not include the words "while the father lives in the USA" in Orders 4 and 5.

The time X shall spend with the father during the school holidays (Order 5.4.1. and 5.4.2)

1. It is agreed that X will spend time with his father during the Term 4 long holidays in each year for up to a total of 28 days as nominated by the father in writing to the mother via the parenting app. But the extent of the time was not agreed.
2. The father set out in his affidavit comprehensively the matters he considered to be significant to assist X adjust to lengthier periods of time and to potential long periods of time when he will not see X. As reported by Dr E, X has, in the past, and will no doubt in the future, miss periods of time that he does not spend with his father regularly. I have considered [30] and [31] of the father's evidence and I accept his evidence that he will be, as he says, sensitive to X's adjustment of longer periods of time with him and away from him, and will support X in those transitions.
3. The mother sought the first period occur between 10 and 24 December. The father sought the period could occur between 7 and 24 December in even years and 7 and 25 December in odd years.
4. The mother's contention is that X's age supported a graduated increase in time of no more than 14 days initially. I was not taken to any evidence or any opinion of Dr E (or otherwise) that supported such a contention.
5. The fathers order sought time up to 7 to 24 December or 7 to 25 December, depending on the year, being a potential three week period.
6. Given the likely travel the three-week period, if elected, is sensible and has the obvious additional benefit of allowing X to recover from long periods of travel, continuity of time, and as X is older, he will be better able to adapt to those longer periods without each of his parents.
7. The mother's proposal also sees X not ever having a Christmas morning with his father or his paternal family. While I accept that Christmas Eve is the usual celebration of the father's family, in my view there is benefit to X having the joy of spending Christmas with both families from time to time, and each alternate year is, in my view, in X's best interest.
8. The added benefit of the three-week block of time as proposed, is that it has the capacity for X to spend time in USA with the father and his partner, but also time in Australia with his grandparents. I can see no benefit in limiting the time, particularly in light of Dr E's opinion.
9. The second identified period of time as sought by the mother was between 10 and 26 January. The father sought between 7 and 29 January in odd years and 7 and 28 in even years. Importantly the total time in these two respective periods will be no more than 28 days, as agreed between the parties.
10. The father's orders sought, if they are made, means that he would no longer seeks Order 6.2.3, which was the additional time to be spent with X on his actual birthday.
11. I am persuaded by Senior Counsel, that the benefits of the time together with X that include his birthday every second year, will be that there will be less changeover, there will be less back and forth over the days when he returns to his mother's care and there will thereby be less potential areas of conflict between the parents when the relationship has been quite fraught, and for those reasons I make the orders as sought by the father.

Whether if the father is present in Australia he also spends time with X from Good Friday until Easter Monday (Order 6.2.4)

1. The father holds citizenship status in the USA, Country J and Australia. The mother holds citizenship in Australia and the USA. The father is of Country J background and the mother of Country M background.
2. The mother stated that there are significant celebrations in her religious Culture which she has consistently celebrated with X since he was young, and the mother is seeking orders that X be in her care during certain festivals and special days.
3. The mother said that she had organised for X to participate in other significant events, such as Halloween and Thanksgiving. She said that she has also made arrangements for him to celebrate certain holy days with her family and other days with the paternal grandparents, for example to celebrate Country J Christmas Eve in 2020.
4. The father said that it is in X's best interest to maintain the connection to his country of birth, being the USA. All of these special days and special connections are important for X.
5. As referred to above, the parties were able to reach agreement in respect of many of the significant days that X will spend with his mother. The father has sought, that if he is in Australia, that X also spend Easter with the father and his family, as he contends it is important culturally and by way of their background.
6. The mother's opposition, as I understood the order, was that Easter on many occasions may coincide with school holiday time that X would otherwise be spending with his mother and the maternal family. The orders set out that X will spend the first half of all even numbered holidays and the second half of all odd numbered holidays with his father if he is in Australia at the end of Term 1 holiday. Counsel for the mother helpfully took me to the holiday periods that coincide with Easter, looking forward between now and 2030, doing the best she could on the available information on the internet.
7. As set out in Dr E's report X derives benefit and enjoys the time he spends with his father. He does not have the opportunity to spend incidental time with his father as children do from time to time when they live in the same location, such as sports days, school plays or performances, or other incidental extra time. While it is important that X has quality and uninterrupted holiday time with his mother, I am of the view that if the father can be in Australia over the Easter period, given its cultural significance, that this time should also be acknowledged and that it is in X's best interest for the additional time to be spent with his father on the occasion that this might arise. In some cases it will form part of the holiday period in which he will be with his father in any event and in other cases it may impact on some of the holiday period to be spent with the mother.
8. I propose to make an order that other than the years 2028 and 2030, which appear to be the only likely dates that it is going to impact time with the mother during holidays, that the father can spend the additional time over Easter with X.

Whether the father should be required to pay a deposit bond if X travels overseas (Order 9.2);

1. The mother sought a bond to be paid as set out in her orders sought.
2. I have had regard and carefully considered her evidence in this regard, in particular I have had regard to [315], [358], [360], [391], and [392] of her affidavit and the evidence she gives therein.
3. The mother stated that she has "very real concerns about X travelling overseas" with the father, due to the father, she says, previously trying to deceive the mother to get X to the USA under false pretences.
4. She said that X has a lot of anxiety at airports, after both the mother and X were interviewed by border police at the airport when headed to Country N for a trip in 2023, due to the watchlist order that was then in place. The mother contended that at 15 years X will be more confident and have his own mobile phone, but in any event has agreed to orders for international travel. This does represent a significant compromise given the concerns that the mother has expressed.
5. The father deposes to the concerns and provides some level of detail in support of a finding he is not a flight risk. I have carefully read his affidavit, in particular [150]-[155] where he sets out in a great deal of detail, his evidence that he has insight and knowledge of the consequences to him and X if he did behave in the way that is feared.
6. International travel has been agreed to occur. The mother seeks a bond to allay her concerns. The concerns were set out at [392] of her affidavit. I am not persuaded that there was evidence to support her concerns, but I accept that her experience is that he is anxious and does have worries. Her perceptions of those concerns are genuinely held. I accept that a bond would allay her perceptions as to the concerns she identified. As is observed by Dr E the mother is highly anxious and the bond may well allay that anxiety. She is X's primary parent, and her welfare and wellbeing are very important considerations.
7. In Line & Line [1996] FamCA 145; (1996) 136 FLR 149 the Full Court said (at p. 152):

The next matter is obviously the degree of risk that the departing parent, once permitted to leave Australia, will, despite assurances to the contrary, choose not to return. In assessing that degree of risk, obvious considerations are the existence (or otherwise) of continuing ties between the departing parent and Australia (such as the ownership of real estate, the existence of business interests, or the residence of close family or friends here), the existence and strength of possible motives not to return (including the level of conflict between the parents, particularly over child related issues) and the existence and strength of possible motives to remain in the other nominated country (such as the ownership of real estate, the existence of business interests, or the residence of close family and/or personal friends there).

1. As identified in the case of Geary & Geary [2020] FCCA 965 an important consideration for the Court is whether the relevant country is a signatory to the Hague Convention. In this case, the USA is a signatory to the Hague Convention. The Convention is an international agreement that covers international parental child abduction cases; it is a multilateral treaty enforced between Australia and member countries, including the USA. It provides a lawful procedure for the return of abducted children.
2. The mother contends that the father is and remains a flight risk. I do not accept that he is. The mother seeks a bond of $95,000 to be paid. There was no evidence I was taken to of any flight risk, of any threat of any flight risk or of any reasonable basis for the mother to hold the concerns she expressed. Indeed, the registration of the consent orders in the USA as required by Order 9, before X is permitted to travel in the USA, is a strong indicator against requiring a bond.
3. There is no doubt that the father could afford a bond. But this is not a relevant consideration in determining whether such a surety is required. I am not satisfied on any basis that other than assuaging the mother there is a basis to impose the obligation on the father and it is accordingly refused.
4. The mother indicated that the impact on her of requiring to make a Hague application would be financially onerous; that is true. It would be very stressful; that is true. There are other considerations, such as the lack of health care that she would have in the USA and I have very carefully considered all of these matters in weighting up that on balance it is not in X's best interest, nor is it warranted to make such an order.
5. I accept that it is important for X to maintain his cultural connection with his father who resides in the USA.
6. That order and the subsequent orders relating to this issue are refused.

Whether the mother should deliver to the father the expired Country J passport (Order 13);

1. The parties have reached agreement that the mother should retain all of X's passports. She currently has possession of all of X's passports and has held the passports since the parties separated.
2. X has three passports, an Australian passport, a USA passport and an expired Country J passport. The Australian passport is current, the USA passport needs to be renewed, and as I said, the Country J passport has expired.
3. The father seeks to have the expired Country J passport returned to him. He identified the reasons for wanting the passport returned to him at [162]-[165] of his evidence. I will not repeat his evidence, but he was born in Country J and his parents are Country J, it is of sentimental value, it is in the Country J language, and it is the father's evidence that when X is of an age, in the future, he may wish to obtain a Country J passport, and it was submitted that this record may be of assistance.
4. I did not understand the basis of the mother's resistance to the order that the passport be returned, other than perhaps a fear that he would obtain a passport contrary to the restraint in the orders that he is not permitted to do so and that he may disappear with X.
5. The Country J cultural connection is to the father's family and in my view the passport should be returned to the father for safekeeping both because of the historical and cultural connection and due to the existence of the restraint on the father on him being able to apply for another passport. It will be a matter for X when he is old enough to decide, but until then I accept it is in X's best interest for the expired passport to be held in safe keeping by the father and I so order.

Whether the mother should be required to provide notice to the father of health issues that render her unable to care for X, the timing of the notice, updates as to capacity and alternate care arrangements made for X (Order 33 and 34)

1. The father addressed his concern as to the details of the mother's health at [120]-[122] of his trial affidavit. Due to a flare up of the mother's autoimmune condition her deposition in the USA proceedings was postponed which led to a "concern" about whether her health and medical conditions, from the father's perspective, would "impact upon her ability to take care of X."
2. The mother contended that she has been subject to "manipulative, insensitive, coercive control and emotionally and psychologically abusive conduct by the father." The mother also provided detailed evidence in respect of her current functioning, her PTSD diagnosis and that in February 2025 she was diagnosed with a brain injury. She contends her functioning will not be as it was pre-chemotherapy and gives evidence of what she contends is the trauma that she has experienced throughout these proceedings and since separation.
3. The mother's father was a witness for the mother. He sent an email to the father on 22 July 2021 explaining that the mother was feeling intimidated and bullied and that she was afraid to talk around the time the medical tests were occurring.
4. The mother detailed many instances of what she alleged were the father's behaviour towards her in her affidavit. From her perspective, her experience has created a great deal of distrust and anxiety which has informed the submissions in opposition of the orders sought by the father. The mother gives evidence that she believes the requests for information fails to respect her boundaries and privacy. The father denied the allegations and characterisations made by the mother in her affidavit. It is not necessary for these purposes to determine the truth, or otherwise, of the allegations, but I note the mother's anxiety, and her experience informs her approach to these matters in dispute.
5. Dr E prepared a detailed report which I have carefully read and considered as I have said. I do not propose to repeat in detail the observations and opinion of Dr E but have considered his evidence in determining these issues. I note his observations of the mother and her experience and of the father and his experience. I also observe the comments about the close, loving, and positive relationship X has with each of his parents and with his grandparents. I note that the father, despite what I accept was his preference of X returning to the USA to live, ultimately consented to orders for X to remain living in Australia very shortly after he had the benefit of the opinion of Dr E. He described this as "heartbreaking" and I accept for him it was, but the decision was one that was motivated by orders that are in X's best interest.
6. The mother stated that she has always been the primary carer for X. That is not disputed. The mother stated throughout her affidavit evidence that she took on the majority of the caring responsibilities, after she was diagnosed with an auto-immune disease. The mother stated that following the diagnosis she maintained the primary care, although had some assistance from the father.
7. In December 2017 the mother was diagnosed with an aggressive form of cancer. The mother stated that the father would accompany her to her early appointments but there was conflict between the parents as to the care of X that followed when the mother was quite unwell with this diagnosis.
8. During 2018 the mother was underwent chemotherapy treatment, she gave evidence that the father was careless around her, in failing to ensure that he washed his hands or ensure visitors who came over had done so; she was concerned about the risk of her becoming more unwell. She had surgery in July 2018.
9. The mother has been engaged with her current treating psychologist, since February 2021, when she was referred for treatment of anxiety and depression. She also sought assistance in relation to trauma that she had experienced. She gave evidence that her GP diagnosed her with PTSD from the denigration she experienced from the father's behaviour towards her during her cancer treatment. Again, these issues are in dispute.
10. The father does not agree with the characterisation of his behaviour by the mother. But again, it is not necessary for me to make findings in this respect. I accept the mother's evidence of her experience and the consequent necessity for her to have ongoing supportive therapy.
11. The father seeks orders that the mother notify him of health issues as set out in his proposed Order 33. The mother is anxious about the father having unnecessary access to her medical and personal information. The form of the order sought by the father, in my view, seeks information at a level of detail and within time frames that are unduly intrusive of the mother's right to privacy. For example, notice within 48 hours of receiving a diagnosis is an extraordinary obligation to be imposed on the mother. The mother's right to privacy should be preserved within the ambit of orders that are in X's best interest. The parties are aware that they ought to keep each other appropriately informed of matters that positively impact on their capacity to care for X, and frankly also, any circumstance that may arise that may create the need to provide support to X, for example in the event that another serious medical event did befall one of his parents.
12. It is for this reason that the order sought by the mother, with an additional requirement that each party notify the other of any alternate care arrangements made for X should they be unable to care for X for a period of longer than 10 days, is in my view the appropriate order. I have no doubt that the maternal family will continue to provide support for the mother and for X, if the mother is incapacitated. But equally the paternal family is a source of support. Dr E also addressed in his report the issue of a deterioration or relapse in the mother's health but did not suggest a change in arrangements given her extensive and significant support.
13. The mother stated that her parents are a "tremendous support" to herself and X and that they play cricket together, cook together, and they do lots of things to help such as they help, such as school drop off and pickups if the mother is unwell.
14. The maternal grandfather also gave evidence that he is close with the mother and with X, and that he will always provide assistance if either of them need it. He stated that if X needed help with his schoolwork he would assist him, he also gave evidence that he attended grandparents day at X's school in 2022, 2023 and 2024.
15. I also note the observations undertaken by Dr E of the delightful close and positive relationship between X and the paternal grandparents.
16. X is fortunate to have the love and support of two loving parents and an extended family in Australia. It is clear to me he is deeply loved and adored and he has a great future ahead of him. I have no doubt of the mother's and father's capacity and focus to ensure that X is cared for appropriately at all times. They are both well aware of their respective obligations to keep the other informed of any matters that are relevant to X's wellbeing. I do not need to impose a further order.

1. X is a very lucky child. He still has two parents to care, love, nurture and provide for him. His mother has had an awful time dealing with a most serious and life-threatening illness. She has doubtless endured a great deal in health battles. I hope that the worst of that is in the past and that for the sake of X. I hope that his parents can now put their disputes behind them and get on with the only important task ahead of them being the best parents and role models that they can be to their son - the outcome of which will be for X to reach his full potential.
2. X is now 10. He has the next eight years plus more of watching and learning from you both. Sadly, in this Court there are many children who continue to be exposed to parents who are rigid and inflexible about minor matters, they expose their children by osmosis to a childhood with an undercurrent of tension. X is smart, popular, sporty and talented. He wants to be a professional cricketer or pilot, perhaps both. I urge you both to think before each and every interaction with each other that you put X and his needs first. He is a deeply loved and adored child that you must ask the question of: what will be the impact of my conduct or decision on X? Will it be a positive impact or will he continue to feel the tension between us or are we able to move past this?
3. You both are intelligent and successful people who have the capacity to make the right choice. I hope for X's sake, that you make the right choices moving forward.

I certify that the preceding eighty-one (81) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Curran.