JI & JI

The case of *JI & JI* concerned an application by the respondent father for orders regarding the children's living arrangements and for the mother to pay child support. The parties were previously married and had two children, aged 10 and 7. The mother had relocated to Queensland with the children in 2021, and the father remained in New South Wales. The father sought orders for the children to live with him in New South Wales and for the mother to pay child support. The mother sought orders for the children to continue living with her in Queensland and for the father to pay child support. The matter came before Monteith J in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were: (1) whether the court had jurisdiction to make orders regarding the children's living arrangements, given the mother's relocation to Queensland and the children's habitual residence there; and (2) if jurisdiction was established, what orders were in the best interests of the children concerning their residence and the payment of child support. The court was required to consider the relevant provisions of the *Family Law Act 1975* (Cth) concerning jurisdiction and the paramountcy of the children's best interests in determining residence.

Monteith J determined that the court did have jurisdiction to hear the matter, finding that the father's application was filed before the children had resided in Queensland for the requisite period to establish habitual residence there for the purposes of the *Family Law Act*. In considering the children's best interests, the court weighed various factors, including the children's established routines, their relationships with each parent, the practicalities of relocation, and the potential impact on their schooling and social connections. The court noted the importance of maintaining a meaningful relationship with both parents.

The court ultimately made orders for the children to live with the father in New South Wales, with the mother having substantial time with the children during school holidays and for a period each term. Orders were also made for the mother to pay child support to the father.