CONDOR & CONDOR

In *Condor & Condor*, the applicant husband sought interim orders from the Family Court of Australia concerning the parenting of the parties' child, M. The dispute arose from the wife's failure to return M to Sydney, Australia, from Germany as agreed, and in breach of court-approved orders. The husband sought, among other things, sole parental responsibility for M and an order restraining the wife from pursuing parenting proceedings in Germany.

The court was required to determine whether to grant interim orders for sole parental responsibility to the husband, order the wife to return the child to Australia, and restrain the wife from initiating or continuing parenting proceedings in Germany. The central legal issues involved the best interests of the child, the rebuttal of the presumption of equal shared parental responsibility, and the appropriateness of an anti-suit injunction in light of existing agreements and foreign Hague Convention proceedings.

Rose J reasoned that the wife's unilateral decision to retain the child in Germany, contrary to a written agreement approved by a German court, demonstrated an irresponsible disregard for the husband's legal rights and the child's best interests. Consequently, the presumption of equal shared parental responsibility was rebutted, justifying an interim order for the husband to have sole parental responsibility. The court found no reason why the parties' agreement for the wife to return with the child to Australia should not be implemented, noting that both parties and the child had lived in Australia and the Hague Convention proceedings had not proceeded due to this agreement. However, acknowledging the child's young age and primary care by the wife, the court made an interim order for M to remain in the wife's primary care. The court also made orders restraining the wife from removing M from Sydney without consent or further order, and from agitating parenting relief in any court except the Family Court of Australia or the German court in relation to the Hague Convention proceedings. The wife was ordered to pay the husband's costs.