Hertwig and Hertwig (No 2)

In *Hertwig and Hertwig (No 2)*, Forrest J of the Family Court of Australia considered applications by both the mother and the father. The mother sought an adjournment of her application for a permanent stay of parenting proceedings, pending disclosure of the father's visa status in Country B, and also sought a permanent stay of those proceedings. The father sought an anti-suit injunction to restrain the mother from commencing proceedings in a Country B court.

The court was required to determine whether the parenting proceedings in Australia should be adjourned or stayed. Specifically, the court had to consider the mother's assertion that disclosure of the father's visa status was necessary to potentially invoke the jurisdiction of a Country B court, and whether the Australian proceedings were an inappropriate forum or contrary to the best interests of the child. The court also had to assess the father's application for an anti-suit injunction.

Forrest J dismissed the mother's application for an adjournment and for a permanent stay of proceedings, finding that there was no evidence of current or prospective jurisdiction in Country B courts regarding parenting matters, and that Australia was not an inappropriate forum. The court reasoned that it had clear jurisdiction and that failing to determine the dispute would be an abrogation of responsibility. The father's application for an anti-suit injunction was also dismissed. The court then made detailed orders concerning the children's Australian passports, visa arrangements for Country B, parental responsibility, communication, and a revised parenting regime, including make-up time for the father and attendance at the children's school in Country B. The parties were also ordered to register the court's orders in Country B for enforceability and to attend a family report interview.