Cardin & Hyles

The case of *Cardin & Hyles* concerned an application before the Family Court of Australia. The dispute involved parenting orders sought by the mother, who, while conceding the Court's jurisdiction, argued against its exercise. The primary focus was on the best interests of the child, X, born in 2012.

The legal issues before the Court included whether it should exercise its jurisdiction to determine parenting orders, particularly in circumstances where the parties had previously resided in the United Kingdom and were unable to return due to the COVID-19 pandemic. The mother sought the summary return of the child to the United Kingdom, and the Court was required to consider the best interests of the child in making its determination, noting that it could not rely on evidence from other COVID-19 List cases or general principles previously decided in Australian family law.

Altobelli J reasoned that it was in the best interests of the child to determine the matter in the Family Court of Australia. The Court found that the child had been enrolled in school in Sydney and had established a life there. The mother's application for summary orders for the child's return to the United Kingdom was dismissed.

The Court made interim parenting orders, establishing equal shared parental responsibility for X. The orders detailed a shared living arrangement between the mother and father during school terms and holidays, with specific provisions for public holidays and birthdays. Crucially, the Court issued an injunction restraining the parents from removing X from Australia until 31 March 2023 and requested the Australian Federal Police to place X on the Family Law Watch List.