Department Of Family and Community Services NSW and Traynor and Anor

In the matter of *Department of Family and Community Services NSW and Traynor and Anor*, heard before Judge Scarlett, the Department sought a recovery order for a seven-month-old child, referred to as X. The application was made in circumstances where the respondents had left New South Wales for Victoria, and the Children’s Court of New South Wales had already made an interim order placing the child under the parental responsibility of the Minister. The Department also sought orders to place the child on the Family Law Watch List, restrain the respondents from removing the child from Australia, and permit the publication of the child's identifying details.

The court was required to determine whether to grant a recovery order for the child, considering the existing interim order from the Children's Court and the respondents' relocation to Victoria. Further issues included whether the child's name should be placed on the Family Law Watch List, whether the respondents should be restrained from removing the child from Australia, and whether an order permitting the publication of the child's name and identifying details should be made.

Judge Scarlett reasoned that the circumstances warranted the making of a recovery order under section 67Q of the *Family Law Act 1975*. The court directed the respondents to return the child X to a delegate of the Minister for Family and Community Services forthwith. A recovery order was issued, authorising and directing the Marshall, Deputy Marshall, and officers of the Australian Federal Police and State and Territory Police Forces to find and recover the child, deliver her to the specified care, and to stop and search vehicles, vessels, aircraft, and premises where the child might be found. The order also authorised the arrest of the respondents if they again removed or took possession of the child.

The court made orders for the immediate return of the child X to the Minister's care and issued a recovery order with extensive powers to law enforcement. The application was adjourned for further mention on 18 August 2014.