Frankham and Naparus (No.5)

In the matter of *Frankham and Naparus (No.5)*, Judge McGuire of the Federal Circuit Court of Australia considered an application for a recovery order concerning a child, X, born in 2015. The dispute involved the father, Mr Frankham, seeking the return of X, with existing court orders from 30 April 2018 remaining relevant to the proceedings.

The primary legal issue before the Court was whether to grant a recovery order for the child, X, in favour of the father. The Court also had to determine the terms of any such order, including whether to amend existing parenting orders and the conditions under which the recovery order would be executed.

Judge McGuire ordered the recovery of the child, X, in favour of the father, Mr Frankham. The existing orders of 30 April 2018 were to remain in force but were amended to restrict the father's time with X to the municipality of City B. All changeovers were to occur at a specific McDonald's location in Suburb C. Crucially, the recovery order was to be held in abeyance for seven days, conditional upon the mother confirming her return to the City C municipality with X to the Independent Children’s Lawyer. If this condition was not met, and upon confirmation by the Independent Children’s Lawyer to the Court, the recovery order would be executed.