JARRARD & JARRARD

This matter concerned applications by a mother and father regarding their child, D. The mother sought to travel regularly with D to her country of origin, the Russian Federation, while the father held grave concerns about D's return. The father sought the extension of a Family Law Watch List order, which had been in place due to these concerns. The court was required to determine the extent to which the mother should be permitted to travel with D to Russia and the appropriate parenting arrangements for D until D commenced school.

The court considered the best interests of the child in determining the parenting arrangements. It found that it was in D's best interests for the father to spend time with D for an additional night in alternate weeks until D commenced school. Regarding international travel, the court acknowledged the practical difficulties associated with enforcing the Hague Convention in the Russian Federation, despite it being a state party.

Ultimately, the court ordered the discharge of previous parenting orders, including the Watch List orders, and directed the Australian Federal Police to remove D from the Watch List. The mother was permitted to travel with D to Russia annually for up to three weeks, subject to strict conditions including the execution of a transfer of land for a property to be held on trust for sale, proof of equity, provision of a detailed itinerary, and the return of D to Australia by a specified date. The child's passports were to remain in the control of the father's solicitors, and the mother was restrained from obtaining a Russian passport for D without the father's consent for five years. Until the commencement of school in 2017, D was to live with the mother, with specific provisions for D to spend time with the father, including an additional night in alternate weeks.