Shiva and Kapil

In the matter of Shiva and Kapil, Hogan J of the Family Court of Australia made orders concerning the return and future residence of a child, B, born in 2012. The dispute involved the parents' arrangements for the child, with the orders reflecting a resolution of their disagreements regarding his location and contact with each parent.

The court was required to determine the terms of the child's return to Australia, including the timeline and financial responsibilities for travel. Further issues included the child's residence upon return, the duration of restrictions on his removal from Australia, and the arrangements for supervised contact between the child and his father. The court also considered the role of the Australian Federal Police in enforcing the orders.

Hogan J ordered that the child B be returned to the Commonwealth of Australia by 19 March 2015, with the father to bear the costs of the child's economy class travel from India to Australia, including return travel for a nominated accompanying person. Upon return, the child was to live with the mother, and both parents were restrained from removing the child from Australia until 19 March 2017. The Australian Federal Police were requested to place the child on the Family Law Watch List until that date. The father was to have supervised contact with the child for at least two hours per fortnight at a Melbourne Contact Centre, with specific provisions for the facilitation and costs of this contact. The proceedings were transferred to the Melbourne Registry of the Family Court of Australia, and the parties were granted liberty to apply on seven days' notice.