TWO young brothers will grow up at opposite ends of the world after a remarkable decision in the Family Court.

A six-year-old boy will live with his father in Australia while his brother, two, will live in Canada with their mother.

The woman had abducted the older son and was ordered to return him under the rules of the Hague Convention.

The case has similarities to the battle involving four sisters whose Queensland mother has refused to take them "home" to Italy where they were brought up and where their Italian father lives. The girls remain in Queensland pending a High Court challenge brought by their maternal aunt.

In the latest case, Justice Christine Dawe said, while there was a presumption it was in the best interests of children if their parents had equal shared responsibility, this was an exception.

The judge said the couple met in 2002 while the woman, a Canadian citizen, was in Australia and the pair had lived between the two countries.

Their older son was born in Ontario but, while the mother had permanent residency to live and work in Australia, the father cannot work in Canada.

It was while they were living in the Northern Territory that the mother took the older boy back to Canada in September 2009, telling her husband it was for a holiday. She was then four months pregnant.

When she refused to return, the father travelled to Ontario for the birth of their second child and won an order in the Canadian courts under the Hague Convention allowing his to bring their oldest son back to Australia. Under the convention, children have to be returned to their "home" country for the courts to resolve their future. "The difficulties the court faces in this matter are brought about by the mother's insistence she will not return to Australia with the (two-year-old) and the father's insistence the (six-year-old) not leave Australia because of his lack of confidence the mother would thereafter encourage any relationship between the father and (him)," Justice Dawe said.

The court heard the older boy preferred to live in Australia where he had "lots of friends" but what he really wanted was to live with both parents and he hoped they would get back together again.

Justice Dawe said it would be too disruptive for the older boy to spend six months a year in each country and granted sole custody to the father.

The mother refused to bring their two-year-old to Australia for fear he would come "under the jurisdiction of the Australian courts".

Originally published as Family Court splits young brothers