CLAYTON & BANT

This case concerned competing applications for parenting orders under Part VII of the *Family Law Act 1975* (Cth) between Ms Clayton ("the Mother"), an Australian citizen, and Mr Bant ("the Father"), a national of the United Arab Emirates ("UAE"). The parties had resided in the UAE but travelled regularly to Australia with their child, Y, born in 2009. In June 2013, the family travelled to Australia with plans to return to the UAE in September 2013. However, the Mother obtained a protection order against the Father and filed an application for parenting orders. The Father sought an order for the summary return of the child to the UAE.

The central legal issues before the Court were whether to grant the Father's application for a summary return of the child to the UAE, and in the interim, what parenting arrangements were in the child's best interests pending a final trial. The Court was required to determine these issues in circumstances where there were significant disputed issues of fact, including the Mother's residency status and security in the UAE, allegations of domestic violence, and the Father's alleged risk to the child. The Father's legal representatives acknowledged that these disputed facts could not be resolved without oral evidence and that a trial was necessary.

The Court reasoned that a summary return of the child to the UAE was not appropriate at this interim stage due to the numerous disputed issues of fact that required oral evidence to resolve. The Court noted that the Father had reserved his position to argue for a summary return at trial. In balancing the child's best interests under section 60CC of the *Family Law Act 1975*, the Court considered the child's young age, the need to preserve relationships with both parents, and the Mother's untested allegations of risk. Given the inability to resolve these allegations on an interim basis, the Court adopted a conservative approach.

Consequently, the Court made interim orders pending a four-day final trial scheduled to commence on 8 October 2013. These orders included that the child live with the Mother, and that the Father be restrained from removing the child from Australia and surrender all passports relating to the child. The Australian Federal Police were directed to place the child's name on the All Ports Watch Alert System. The Father was permitted supervised time with the child on alternate days, at his expense, and was required to provide undertakings regarding travel and passports, with the Court making formal orders in lieu of undertakings for practical enforcement purposes. The parties were also ordered to participate in a Family Report.