Ellison and Mallick

In the matter of *Ellison and Mallick*, heard by Judge Newbrun, the dispute concerned the living arrangements and recovery of three children, [X] born in 2011, [Y] born in 2010, and [Z] born in 2013. The orders indicate a significant disagreement regarding the children's primary care and their location.

The court was required to determine the immediate living arrangements for the children and to make provision for their return to the father's care. Furthermore, the court needed to consider the appropriate enforcement mechanisms should the mother fail to comply with the orders regarding the children's return, including the potential issuance of a recovery order and the authorisation of law enforcement to locate and recover the children. The court also addressed the need for independent representation for the children and the process for document disclosure.

Judge Newbrun ordered that, pending further order, the children shall live with the father. The mother was directed to return the children to the father's primary care by a specified date and time. In the event of non-compliance, a recovery order was to issue, authorising law enforcement officers to search for, recover, and deliver the children to the father. The mother was also subject to arrest without warrant if she again took possession of the children. The court also granted leave for parties to issue more than five subpoenas for documents and ordered that the children be independently represented, requesting Legal Aid NSW to provide this representation. Proceedings were adjourned for mention, with the Independent Children’s Lawyer requested to attend. The mother was also ordered to file and serve further documents within 21 days.