GARETH & NAYLOR

In the Family Court of Australia, Gill J considered an application by a father concerning his child, B, who had allegedly been taken from Australia. The mother sought the transfer of proceedings to the Family Court of Western Australia, while the father sought orders for the child to relocate to the F region of New South Wales.

The court was required to determine whether it was reasonably practicable to make certain orders in relation to the child, particularly in light of the child's alleged removal from Australia. This involved considering the father's application for relocation and the mother's application for transfer of proceedings.

Gill J refused the mother's application to transfer the proceedings. The court made orders for equal shared parental responsibility, with the child to live with the mother and spend time with the father as agreed, including regular FaceTime contact. Crucially, the mother was ordered to surrender all passports for the child and was restrained from applying for new ones. The parties were also restrained from removing the child from the Commonwealth of Australia, and the Australian Federal Police were requested to place the child on the Family Law Watch List. The father's application for the child to move to the F region of NSW was refused.