Jespersen and Frankel

The parties to this proceeding were the father and the mother, concerning parenting orders for their two children. The father had filed an Initiating Application on 29 November 2017, and a further Application in a Case on 3 February 2020. The matter came before Rees J in the Family Court of Australia.

The primary legal issue before the Court was whether it had the jurisdiction to make parenting orders in relation to the subject children, given the operation of section 111CD(1)(e) of the *Family Law Act 1975* (Cth). This section concerns the circumstances in which the Court may make orders in relation to children who are not Australian citizens and are not ordinarily resident in Australia.

Rees J determined that the Court lacked the jurisdiction to make the orders sought by the father. The Court noted that, by virtue of section 111CD(1)(e) of the *Family Law Act 1975* (Cth), it was precluded from determining issues relating to the parenting of the subject children. Consequently, the father's applications were dismissed, as were all other outstanding applications, and future hearing dates were vacated.