Benjamin and Benjamin

In the matter of *Benjamin and Benjamin*, heard in the Federal Circuit Court of Australia, Judge Obradovic made orders concerning the welfare and recovery of three children. The proceedings involved an applicant mother and a respondent father, with the central dispute revolving around the location and care of the children.

The court was required to determine the appropriate orders for the recovery of the children, the parental responsibility for their care, and the protection of the mother and children from the father. Specifically, the court considered the father's alleged removal of the children and the need for immediate measures to ensure their safety and return to the mother's care.

Applying the provisions of the *Family Law Act 1975*, particularly sections 67Q and 68B, the court granted leave for the applicant's solicitor to view subpoenaed material and for the applicant to file a further affidavit. Crucially, the court issued a recovery order under section 67Q, authorising the Marshal of the Federal Circuit Court, the Australian Federal Police, and State and Territory Police Forces to locate and recover the children, with the power to use necessary force and to stop, search, and enter premises. The father was also restrained from removing the children again and from coming within 100 metres of the mother's premises or the children's schools, with the children ordered to live with the mother. The proceedings were adjourned for further directions.