OBRECHT & CULLEN

The Independent Children’s Lawyer (ICL) brought an application for the transfer of proceedings concerning children X and Y. The mother and the children reside in Western Australia, where they have lived for approximately eight years. The father, who had notice of the application, did not appear before the court. The matter was heard by Baumann J.

The central legal issue before the court was whether the proceedings should be transferred to the Perth Registry of the Family Court of Western Australia, given the established residence of the mother and children in that state and the father's non-appearance.

Baumann J ordered the transfer of the proceedings to the Perth Registry. The court also ordered the discharge of the Independent Children’s Lawyer.