Bale-Sutch and Bale-Sutch (No. 2)

In the matter of Bale-Sutch and Bale-Sutch (No. 2), Cronin J of the Family Court of Australia considered an application by the wife for recovery of the parties' two sons, born in December 1997 and February 2000 respectively. The wife sought to proceed in the absence of formal service upon the husband and requested a recovery order authorising law enforcement officers to find and deliver the children to her.

The primary legal issue before the court was whether to grant a recovery order under s 67U of the *Family Law Act 1975* (Cth) to facilitate the return of the children to the wife, who was the custodial parent pursuant to prior Federal Magistrates Court orders. The court also had to determine whether to permit the wife to proceed with the application without formal service on the husband and to address other related applications and costs.

Cronin J reasoned that the circumstances warranted the issuance of a recovery order, authorising the Marshal, Deputy Marshal, and officers of the Australian Federal Police and State and Territory police forces to locate and return the children to the wife. The court also granted liberty to the wife to proceed with the application in the absence of formal service on the husband, indicating that the urgency and nature of the matter justified this procedural step. The court further suspended certain prior orders and adjourned other issues for future determination, while also making orders regarding the husband's costs liability.