STATE CENTRAL AUTHORITY & SHANLI

The case involved the State Central Authority and Mr. Shanli concerning the wrongful removal of a child, X, from Turkey to Australia. The parties, including the Respondent Mother and the Independent Children's Lawyer, had participated in mediation and reached consent orders regarding parenting arrangements. However, a significant issue arose regarding the enforceability of these Australian orders in Turkey.

The court was required to determine whether agreed orders made in Australia could be rendered enforceable in Turkey under the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The court also considered the implications of the Family Law (Child Abduction Convention) Regulations 1986 in light of the lack of a simple and rapid procedure for registering such orders in Turkey.

Bennett J noted that the Ministry of Justice in Turkey had confirmed that without divorce or judicial separation proceedings, there was no process for registering the parenting orders in Turkey. Consequently, the conditions for rendering the orders enforceable in Turkey could not be met. Despite this, the court ordered the child's return to Turkey pursuant to the Family Law (Child Abduction Convention) Regulations 1986, accompanied by the Respondent Mother. The court also made detailed orders regarding travel arrangements, interim injunctions to prevent the child's removal from Australia or Victoria, and the release of the child's passport. The Form 2 Application was otherwise dismissed.