PURCELL & PURCELL

In *Purcell & Purcell*, the Family Court of Australia considered a dispute between parents who were foreign tourists on an 18-month sailing holiday. The parties separated while in Australia, and their ability to remain in the country was limited by their three-month tourist visas. The father sought to remain in Australia with the children and apply for a work visa, while the mother wished to return to their place of domicile and last habitual residence.

The central legal issues before the Court were whether it had jurisdiction to make parenting orders, considering the parents' transient status and the mother's intention to depart Australia with the children, and what orders were in the best interests of the children, particularly in light of the potential impact on the jurisdiction of a foreign court if the children returned to their habitual residence.

His Honour Judge B Smith reasoned that the children's best interests required them to return to their last place of habitual residence. The Court noted that the proceedings were adjourned to allow the parties to take actions identified in prior reasons for judgment as pre-conditions to making final orders that would give effect to the Court's decision.