Dawson and Winton and Anor

In the matter of *Dawson and Winton and Anor*, Hannam J of the Family Court of Australia was required to determine the appropriate orders concerning the recovery of a child, D Dawson, born in 2003. The dispute involved the maternal grandmother, Ms Dawson, seeking the return of the child, with the father, Mr Winton, and the paternal grandmother, Ms Winton, appearing to be the respondents in this action.

The central legal issue before the Court was how to ensure the safe recovery of the child, D Dawson, and return the child to the maternal grandmother, Ms Dawson. This involved considering the powers necessary to locate and retrieve the child, and to prevent further removal by the respondents. The Court also had to determine the legal basis for authorising law enforcement agencies to act, including the power of arrest.

Hannam J applied the principles of the *Family Law Act 1975* (Cth), specifically section 68C, which empowers the Court to make orders for the recovery of a child. The Court reasoned that extraordinary measures were necessary to effect the return of the child and to protect the child from further disruption. Consequently, the Court issued a Recovery Order authorising the Marshal and police officers across all Australian States and Territories to locate and recover the child. The Court further prohibited the father and paternal grandmother from removing the child again and authorised the arrest of either respondent without warrant if they took possession of the child, pursuant to section 68C of the *Family Law Act 1975* (Cth). The Court directed that all police forces were authorised and requested to give effect to these orders.