Kemal and Sukuraman

This matter concerned parenting orders made by Carew J in the Federal Circuit Court of Australia. The dispute involved the living arrangements and time spent with a child born in 2011, and importantly, the child's permanent relocation from Australia to India with the mother.

The court was required to determine the specific terms of the parenting orders, including where the child would live, how parental responsibility would be shared for long-term decisions, and the arrangements for the child to spend time with each parent both in Australia and, following relocation, in India. A significant issue was the mother's proposed permanent relocation of the child to India and the necessary steps to facilitate this, including obtaining consent orders in India and addressing the child's ongoing therapeutic needs.

Carew J made orders that the child live with the mother and that the parties share equal parental responsibility for major long-term issues concerning the child's education, upbringing, health, and names, with specific provisions for consultation and joint decision-making. The orders detailed the father's time with the child in Australia, including Skype or Facetime contact and alternate weekend visits. Crucially, the court ordered the parties to take steps to obtain a consent order in India reflecting the Australian orders, and permitted the mother to relocate the child to India after the conclusion of the 2016 school year. Further provisions addressed the mother's responsibilities regarding the child's schooling and ongoing therapy in India, and an injunction restraining the mother from relocating the child from India without the father's agreement. The orders also outlined specific arrangements for the father to spend time with the child in India, including holiday periods, and alternative arrangements should the father relocate to India.