Sora and Mikan and Anor

In the matter of Sora and Mikan, Loughnan J of the Federal Circuit and Family Court of Australia made orders concerning children in dispute between the mother, the father, and the paternal grandmother. The proceedings involved significant issues regarding the children's welfare and the parental relationships.

The court was required to determine several key issues, including the need for a Family Report to assess various factors relevant to the children's best interests under section 60CC of the *Family Law Act 1975* (Cth). These factors specifically included the nature of the relationships between each parent and the child, the relationship between the paternal grandmother and the child, and the child's brother and the child. The court also highlighted the importance of the child's background, including the management of lifestyle, cultural, and traditional aspects, the parents' attitudes towards their responsibilities, and any instances of family violence. Furthermore, the court needed to address the practicalities and legal implications of paternity testing for the youngest child.

Loughnan J ordered that a Family Report be prepared, with the Family Consultant to consider the highlighted section 60CC factors. The court also directed that paternity testing be facilitated for the youngest child, with the costs to be shared equally by the mother, father, and paternal grandmother. The court acknowledged potential issues concerning Japanese law and its effect on the enforceability of time between a non-resident parent and a child in Japan, ordering that legal contentions on this matter be exchanged and, if unresolved, that an expert be jointly instructed or nominated by the Independent Children’s Lawyer. The existing orders were to continue to apply unless otherwise varied, and the question of costs was reserved.