Nicoli & Jeryn

In the matter of *Nicoli & Jeryn*, heard by Bennett J, the dispute concerned international parental child abduction. The father had been permitted to remove the six-year-old child from Australia for a holiday to the Russian Federation and Turkmenistan. However, the father retained the child in the Russian Federation, failing to return the child to Australia as per the court's order. The mother sought the child's return, initiating proceedings to register orders under the 1996 Protection Convention.

The court was required to determine whether the child remained habitually resident in Australia or had become habitually resident in the Russian Federation in January 2021, as contended by the father. Additionally, the court needed to address Australia's obligations under the 1996 Convention and the 1980 Convention on the Civil Aspects of International Child Abduction, particularly in light of the father's allegations of family violence and the "sexualisation" of the child.

The court ordered that the second respondent be removed as a party and discharged certain injunctive orders relating to property. Crucially, the matter was set down for a final hearing to determine the mother's application for the child's return, which the father opposed. The court also ordered that the child's interests be independently represented by a lawyer, requesting Victoria Legal Aid to arrange such representation. The parties were directed to file and serve amended applications and responses by specified dates, and liberty was reserved for parties to apply regarding trial readiness.