Fairley and Myers

In the matter of *Fairley and Myers*, heard by Gill J, the dispute concerned the welfare and location of a child, B, born in 2008. The proceedings involved an application to discharge a stay order and to reinstate earlier orders concerning the child's care.

The central legal issues before the court were whether a stay order, which had prevented the implementation of earlier orders regarding the child's return to the father, should be discharged, and consequently, whether the earlier orders for the child's return to the father should be reinstated. The court was also required to consider the appropriate course of action in the event of non-compliance with any orders made.

Gill J reasoned that the prior stay order was no longer warranted and discharged it. This led to the discharge of the earlier orders that had been stayed, and the court then made new orders for the immediate return of the child, B, to the father's care within 48 hours. The court further stipulated that if the mother failed to comply with the return order, the father and the Independent Children’s Lawyer were granted liberty to seek a Recovery Order on short notice for the child's return.