Whipp & Richards

In the matter of *Whipp & Richards*, Mushin J of the Family Court of Australia considered applications concerning a child born in Australia to parents who habitually resided in the United States. The dispute arose as the parties were in Australia with the child, who was three months old at the time of the hearing, and the mother sought to relocate with the child to the USA.

The court was required to determine the appropriate forum for parenting orders, given that both parents habitually resided in the USA. The central legal issue was whether Australia was the appropriate jurisdiction to make parenting orders, or if proceedings should be commenced in a competent court in the USA. The court also considered interim arrangements for the father's time with the child pending relocation and the registration of the father's name on the child's birth certificate.

Mushin J inferred that parenting applications would be made in a court of competent jurisdiction in the USA. Consequently, the court made consent orders for the parties to travel together with the child to New York, USA, and to submit themselves to a court of competent jurisdiction there regarding parenting issues. Upon the New York court assuming jurisdiction, the Australian orders were to be discharged. Interim orders were made for the father to spend limited time with the child before departure, and the Registrar of Births, Deaths and Marriages of New South Wales was requested to consider the inclusion of the father's name on the child's birth certificate. All applications before the Australian court were otherwise dismissed.