Leggara and Oncins

In the matter of *Leggara and Oncins*, heard by Gill J, the dispute concerned the alleged breach of Family Court and Federal Circuit Court orders by the Mother, Ms Oncins, regarding the return of the child, X, to the Father, Mr Leggara, in Australia. The Father had filed an Application in a Case on 6 August 2018.

The court was required to determine whether Ms Oncins had been duly served with and was aware of Mr Leggara's application. Additionally, the court noted the context of existing orders, including those from the Family Court of Australia dated 17 May 2018, which mandated the child's return to Australia by 5 pm on 20 June 2018, and Federal Circuit Court orders dated 18 December 2017, establishing equal shared parental responsibility. The court also considered the child's Australian birth and lifelong residence in Australia prior to a temporary removal.

Gill J found that Ms Oncins was taken as having been served with and on notice of the Father's application. The court observed that the existing Family Court orders did not permit the Mother to retain the child outside of Australia after 20 June 2018 and that these orders remained enforceable in Australia. The court further noted, based on the Father's evidence, that the Mother appeared to be in breach of both the Family Court and Federal Circuit Court orders.

The court ordered that Ms Oncins be taken as having been served and on notice of the application. The Father's costs were reserved, and both parties were granted liberty to urgently relist the matter upon the child's return to Australia.