Y and M [2007] - Family Court of Western Australia

and Australia and it offered tourist resorts. The mother in this casehas lived [overseas] up until approximately three years ago and thepurposes of her trip is to visit her sick mother and other familymembers whom [M] has never had the opportunity to meet. She iswell aware of the dangers and difficulties which could be experienced[overseas]. I am of the opinion that she will take all necessaryprecautions to ensure the health and safety of [M].43 While [the overseas country] is not a signatory to the HagueConvention, I am satisfied the mother has made efforts to establish alife for herself and her daughter in Australia. I am of the opinion thatthe risk of her not returning to Australia would be small. Sheacknowledges in her affidavit that [M] will have a better life inAustralia and she could not give her the opportunities she wants forher [overseas].44 It does not appear that the mother has the financial resources toprovide a security for [M]’s return. She is on Centrelink benefits andreceived the money for this trip through friends from her Church. Asthe risk of her not returning is very low this should not be a factorwhich would restrain me from making the order sought.45 Finally, I do not consider the husband’s proposal to care for [M]if the mother goes [overseas] on her own to be appropriate. Since theparties separated it does not appear that [M] has had any overnightcontact with her father let alone the fact that he now resides in anotherstate and she would have to stay with him in unfamiliar surroundingsfor 12 weeks.Proposed Orders1 The husband’s appeal filed on 12 June 2007 be dismissed.2 Immediately upon the mother’s return to Perth, the motherreturn the child’s, [M] passport to the Principal Registrar of theFamily Court of Western Australia for safe keeping, subject tofurther order of the Court.I certify that the preceding [45] paragraphs are a true copy of the reasons forjudgment delivered by this Honourable CourtAssociate