KUBAT & KUBAT

In the matter of *Kubat & Kubat*, Bennett J of the Family Court of Australia made final parenting orders concerning the children X, Y, and Z, who were habitually resident in Australia, and their brother W, who was habitually resident in Turkey. The proceedings arose following the agreed withdrawal of a Hague Convention return proceeding, with the parties seeking to establish enforceable parenting arrangements in both Australia and Turkey.

The court was required to determine the terms of final parenting orders, including arrangements for the children's care, parental responsibility, travel, communication, and the registration of these orders in Turkey. A key issue was ensuring the enforceability of the Australian orders in Turkey, particularly in light of the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The court also considered the discharge of previous orders, including those made in the absence of the father and interim orders restraining the children's overseas travel.

Bennett J applied the principles of the *Family Law Act 1975* to make consent orders reflecting the parents' agreement. The court ordered equal shared parental responsibility for all four children and detailed specific care arrangements for the children in Australia and Turkey, including provisions for the father to spend time with them. The orders also addressed travel costs, access to information, children's passports, and a non-denigration clause. Crucially, the court requested direct judicial communication to facilitate the enforcement of the orders in Turkey and requested the Australian Central Authority to seek agreement from a Turkish competent authority for the Australian court to assume jurisdiction concerning W, pursuant to Article 9 of the 1996 Convention.

The court discharged previous parenting orders and interim orders restraining the children's travel, and directed the independent children's lawyer to serve notice on the Australian Federal Police to remove the children's names from the Airport Watchlist. The court also ordered the parents to take steps to register the final parenting orders in Turkey. The father undertook not to pursue criminal charges against the mother in Turkey related to the children's relocation. The court further ordered that the independent children's lawyer meet with the children to explain the outcome of the proceedings and that the appointment of the independent children's lawyer be discharged thereafter. Liberty was granted to the parents to apply at short notice regarding the implementation of the orders.