Summers & Shaw

In the matter of *Summers & Shaw*, heard before Watts J, the dispute concerned an interim application by the father seeking the return of a child, B, to C Town by the mother. The mother had brought B to Melbourne.

The court was required to determine whether to grant the father's interim application for the child's return, and also to consider the appropriate forum for the proceedings, specifically in light of the protocol for the division of work between the Family Court of Australia and the Federal Magistrates Court.

Watts J dismissed the father's interim application for the child's return, finding that it was not in the child's best interests to be returned to C Town at that stage. The court also ordered that the matter be transferred to the Federal Magistrates Court pursuant to s 33B(1) and (2)(b) of the *Family Law Act*. Until further order, the child was to live with his mother in D Town/E Town, Victoria, consistent with a previous order. The court encouraged the parties to reach agreement on interim arrangements for the child spending time with the father, with the mother indicating she would facilitate such time. Watts J indicated an intention to liaise with the Federal Magistrates Court to schedule a return date for the matter to address interim issues and procedural directions for final orders.