Bowen and Sawer (No 2)

In the matter of *Bowen and Sawer (No 2)*, Austin J of the Federal Court of Australia issued a recovery order concerning a child born in 2007. The dispute involved the mother, the applicant, seeking the recovery of the child from the respondent father.

The court was required to determine the terms of a recovery order to facilitate the location and return of the child to the applicant mother. This included authorising law enforcement officers to take necessary steps to find and recover the child, including stopping and searching vehicles, vessels, or aircraft, and entering and searching premises where the child might be found. The court also considered provisions for the child's delivery to the mother or her nominee, and measures to prevent the father from further removing the child, including his arrest if he did so.

Austin J's reasoning led to the issuance of a comprehensive recovery order. This order directed the Marshal, Federal Police, and State and Territory police to locate and recover the child. It empowered these officers to stop and search conveyances and enter and search premises where the child might be. Upon recovery, the child was to be delivered to the applicant mother or her nominee. The order also prohibited the respondent father from removing the child again and authorised his arrest without a warrant if he contravened this prohibition. Certain previous orders were suspended, and the recovery order was to remain in force until a specified date, pending a further hearing.