Donalds and Donalds (No 4)

In *Donalds and Donalds (No 4)*, Judge Carter of the Federal Circuit Court considered an application for the transfer of proceedings to the Family Court of Australia. The dispute involved parenting arrangements for the children, X and Y, and arose in circumstances where the Mother was required to return to Victoria with the children pursuant to interim orders made on 21 December 2020. The Mother had previously appealed these orders, which was dismissed, but a stay had been granted until the current hearing date.

The primary legal issue before the court was whether the proceedings should be transferred to the Family Court of Australia, particularly given the Mother's application for an adjournment. This was considered in conjunction with the practical difficulties arising from the interim orders requiring her return to Victoria. The court also addressed the need for psychological assessments of the parties and the communication arrangements between the parents concerning the children.

Judge Carter ordered the transfer of the proceedings to the Melbourne Registry of the Family Court of Australia pursuant to section 39 of the *Federal Circuit Court Act 1999* (Cth). The court also made orders regarding the children's time with the Father, including specific provisions for the younger child, Y, and facilitated Zoom meetings. Both parties were ordered to undergo psychological assessments, with arrangements for cost responsibility and the Independent Children's Lawyer to nominate the psychologist. Consent orders were made permitting the ICL to provide specific documents to the psychologist and allowing email and text communication between the parents regarding the children. The court noted that the matter would be listed for an interim defended hearing in the Family Court and that neither the Father nor the ICL intended to enforce the return-to-Victoria provision of the interim orders, provided the Mother complied by 30 July 2021.