Kim and Lam (No. 2)

In *Kim and Lam (No. 2)*, Justice Fowler considered a dispute between a father and mother concerning the welfare and living arrangements of their two children, Y and S. The proceedings involved complex international considerations, particularly regarding the children's residence and the mother's ability to communicate with and spend time with them.

The court was required to determine the primary caregiver for the children, where they would live, and the extent of the mother's future contact and communication with them, including arrangements for international travel and the return of the children to Australia. Further issues included the control of the children's passports, the prevention of their removal from Australia, and the facilitation of communication between the parents and children. The court also had to consider orders for the recovery of a child if necessary and the general welfare of the children, including parental conduct in their presence.

Justice Fowler ordered that the father have sole parental responsibility for the children and that they live with him. The mother was directed to return child Y to Sydney, Australia, with provisions for the Australian Federal Police to be notified upon arrival and for the mother to deliver the child to the father within 24 hours. The court also made detailed orders regarding the father facilitating communication between the children and the mother, including telephone calls and email/webcam contact. The mother was granted liberty to spend time with the children in Australia and for two weeks every two years in South Korea, subject to mirror orders from the Family Court of Seoul. The father was to facilitate these visits by purchasing air tickets. The court also imposed restraints on the mother regarding the removal of the children from Australia and the application for their passports, ordering that the children's passports be held by the father. Both parents were directed to refrain from making derogatory remarks about the other in the children's presence and to keep each other informed of their contact details and the children's welfare.