Department of Communities and Justice and Sarapo (No 2)

In the matter of *Department of Communities and Justice and Sarapo (No 2)*, Gill J of the Federal Circuit and Family Court of Australia considered an application concerning the alleged abduction of a child. The dispute involved the Department of Communities and Justice, acting as the applicant, and Sarapo, the respondent, in relation to a child born in 2010.

The central legal issue before the Court was whether the respondent had established the child objection exception under Regulation 16(3)(c) of the *Family Law (Child Abduction) Regulations 1986* (Cth). This exception is relevant in proceedings concerning the return of a child alleged to have been wrongfully removed or retained.

Gill J found that the respondent had successfully established the child objection exception in relation to the child. Consequently, the Court adjourned the proceedings to allow for further submissions from the parties. These submissions will address the Court's discretion to make a return order, or alternatively, the orders that should govern the child's return to Chile if that discretion is not exercised in favour of a return order.