Fellows and Fellows

The Family Court of Australia heard an urgent application by Mr Fellows (the Father) for a recovery order concerning his child, M. The application was made in response to Ms Fellows (the Mother) retaining the child after supervised time with her was to occur. The supervisors, the maternal grandparents, had withdrawn their consent to supervise, and the Mother alleged child protection concerns regarding the child being in the Father's care. The Independent Children’s Lawyer supported the Father's application.

The court was required to determine whether to issue a recovery order for the child, M, and to consider varying existing orders made on 4 September 2012. Specifically, the court needed to address the suspension of the Mother's supervised time with the child and the Mother's alleged contravention of court orders by removing the child. The paramount consideration for the court was the best interests of the child.

Justice Kent noted that Federal Magistrate Howard, who made the initial orders on 4 September 2012, had the benefit of cross-examination and subpoenaed material, expressing concerns about the Mother's evidence and potential dishonesty. The court was informed that the supervisors had withdrawn their consent, making supervised contact through a contact centre the only realistic alternative before the next hearing on 20 November 2012. Given the Independent Children’s Lawyer's support for the recovery order, the previous judicial concerns, and the withdrawal of supervision, Justice Kent was satisfied that making the recovery order was in the child's best interests.

The court ordered that if the Mother did not return the child to the Father by 4:30 pm on 5 October 2012, a recovery order would issue, authorising law enforcement to find and recover the child. The existing order for the Mother's time with the child, supervised by the maternal grandmother, was suspended until further order. The Mother was restrained from removing the child from the Father's care contrary to court orders, with a breach potentially leading to arrest. The costs of the application were reserved.