Sun & Long

This matter concerned an application by the mother for certain final and interim orders. The court was required to determine whether the child's place of habitual residence had changed.

The central legal issue was to ascertain the child's habitual residence, a determination that necessitates a broad factual inquiry. The court considered various factors, including the settled purpose of the parents, the actual and intended length of stay, the purpose of the stay, the strength of ties to relevant states, and the degree of assimilation. The court noted that while settled purpose is important, it is not necessarily decisive and should not override the underlying reality of the child's connection to a particular state.

The court's reasoning was informed by the High Court's decision in *LK*, which involved a similar factual scenario concerning a child's habitual residence. In *LK*, the mother's actions, such as enrolling children in school, seeking benefits, and establishing a home, were considered indicative of an intention to establish habitual residence. In the present case, the father's affidavit acknowledged an intention for the parties to return to Australia with the child to reside there, and this intention was confirmed to have persisted even after separation.

The court ordered that paragraphs 1, 6, 7, 8, and 9 of the mother's Amended Initiating Application seeking final orders be dismissed. Additionally, paragraphs 1 and 2 of the interim orders sought in the same application were also dismissed.