Terim and Nabi

The case of *Terim and Nabi* concerned an application by the mother, Ms Terim, for permission to travel with the child, Y, to Turkey. The father, Mr Nabi, was the respondent. The dispute centred on the conditions under which such travel would be permitted, particularly in light of concerns about the child's return to Australia.

The court was required to determine whether to grant the mother's application for the child to travel overseas, and if so, what conditions should be imposed to ensure the child's return to Australia and the father's continued access to the child. The court also had to consider the process for obtaining an Australian passport for the child and the implications of any failure to comply with the travel orders.

Johns J permitted the child to travel to Turkey with the mother between 19 September 2019 and 17 October 2019, subject to stringent conditions. These included the mother providing a detailed itinerary, proof of pre-paid return airfares and travel insurance, and depositing $5,000 into her solicitor's trust account as security for the child's return. The mother was also ordered to facilitate regular telephone communication between the child and the father. The court further ordered that within seven days, both parents were to apply for an Australian passport for the child, with provisions for the mother to proceed with the application unilaterally if the father did not comply. The child was to be removed from the Airport Watch List only for the specified travel period. The Amended Initiating Application and Response were otherwise dismissed.