KILLAM & LOENG

In the matter of *Killam & Loeng*, Hogan J of the Family Court of Australia considered an application concerning the welfare of two children, R and J. The dispute involved the mother's desire to permanently remove the children from Australia, with the father's position on this matter being a key element of the proceedings.

The central legal issue before the Court was whether it was in the best interests of the children to make a summary order permitting their permanent removal from Australia to a non-Convention country. This required the Court to assess the children's welfare in the context of international relocation.

Hogan J reasoned that the children's best interests were paramount and, in this instance, favoured the mother's application for permanent removal. The Court's decision was informed by the specific circumstances of the case, leading to orders that facilitated the mother's relocation with the children. The orders directed the mother to be permitted to remove the children permanently from Australia, and required the father to instruct his solicitors to deliver the children's passports and travel documents to the mother's solicitors. Furthermore, the Court requested the Australian Federal Police to remove the children's names from the Airport Watch List. The orders also included a fact sheet detailing the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the relevant legislation.