Clover and Bartlett and Ors

In the Family Court of Australia, Justice Baumann presided over proceedings involving the mother and the father concerning their child, X. The mother had sought a Recovery Order, the details of which are not specified, but the outcome indicates a dispute regarding the child's living arrangements and the mother's contact.

The central legal issues before the court were whether to grant the mother's application for a Recovery Order and, consequently, to determine the primary residence of the child, X, and the terms of contact between the child and both parents. The court was also required to consider the role of the Department of Child Safety, Youth and Women and the ongoing management of the proceedings.

Justice Baumann dismissed the mother's application for a Recovery Order. The court ordered that the child, X, live with the father and permitted the father to reside with the child in the Northern Territory. Contact between the child and the mother was to be facilitated through electronic means, specifically Facetime or other electronic communication, including telephone, in accordance with previous orders. The mother was directed to provide a minute of order detailing potential physical time with the child in the Northern Territory by a specified date. The Independent Children's Lawyer was tasked with engaging the father in discussions regarding supervised time between the child and the mother in Darwin. The Department of Child Safety, Youth and Women was discharged as a party, and the proceedings were adjourned for a case management hearing, with the father granted leave to appear by telephone.