Boyd & Sage

This matter concerned an urgent application brought by the father, Mr Sage, against the mother, Ms Boyd, regarding their child, X. The dispute arose in the context of concurrent proceedings in Scotland concerning the child, who had been wrongfully removed to Scotland and for whom a return order had been made under the Hague Convention. The Australian proceedings were accepted into the COVID-19 list and expedited.

The court was required to determine issues of jurisdiction and parenting, particularly in light of the ongoing Scottish proceedings and the child's wrongful removal. A key legal issue was whether Australia retained preeminent jurisdiction in relation to the child, which the court found it did by virtue of Articles 5 and 7 of the 1996 Hague Convention. The court also considered the practicalities of managing concurrent proceedings and facilitating the child's return to Australia.

Bennett J reasoned that Australia retained preeminent jurisdiction and that the court was willing to sit simultaneously with the Scottish Court via audio-visual link to clarify matters and assist in the child's speedy return. The court made numerous orders aimed at facilitating the child's return to Australia, including orders for the issuance of an Australian passport for the child without the mother's consent, the surrender of passports upon arrival, and prohibitions on removing the child from Australia. The court also made orders regarding communication between the parents, the provision of information, and the conduct of psychological assessments.