AHMADI & FLITTON

In proceedings before Stevenson J, the father sought to have his application dealt with summarily, while conceding the Court's jurisdiction. The central dispute concerned the living arrangements and parental responsibility for two children, X and Y. The father sought orders for both children to live with him in Country B, whereas the mother sought for them to live with her in Australia. The mother had unilaterally removed the youngest child, Y, and the children had been separated from each other and their parents for approximately 22 months.

The Court was required to determine whether it would be in the best interests of the children to deal with the father's application on a summary basis, considering expert evidence regarding the legal system of Country B. Furthermore, the Court had to determine the appropriate living arrangements and parental responsibility for each child, given the separation of the siblings and the prolonged period of separation from their parents.

Stevenson J found that it would not be in the best interests of the children to deal with the application summarily. The Court reasoned that the circumstances, including the separation of the siblings and the significant period of separation from their parents, necessitated a more comprehensive consideration of the children's welfare. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child, the Court made orders discharging all existing orders.

The Court ordered that the father have sole parental responsibility for the eldest child, X, who would live with him in Country B. The mother was granted sole parental responsibility for the youngest child, Y, who would live with her in Australia. Both children were ordered to communicate with the other parent on Saturdays and at other agreed times.