Griffin and Trueman (No 2)

In *Griffin and Trueman (No 2)*, Hannam J of the Family Court of Australia considered an application by the father, Mr Griffin, for recovery of the parties' three children, B, C, and D, from the mother, Ms Trueman. The father sought to have the children returned to his care.

The primary legal issue before the court was whether to grant a recovery order for the children and to authorise the necessary steps for their apprehension and return. The court also had to consider the mother's ongoing role in the children's lives and the potential for her to remove them again.

Hannam J reasoned that a recovery order was necessary to ensure the children's return to the father. The court granted leave for the father to file specific affidavits and issued a recovery order authorising the Marshal of the Court and police officers across Australia to locate and recover the children. These officers were empowered to stop and search vehicles, vessels, or aircraft, and to enter and search premises where there was reasonable cause to believe the children might be found. The children were to be delivered to the father. Furthermore, the mother was prohibited from removing or taking possession of the children again, with the possibility of arrest without a warrant if she contravened this prohibition.

The court ordered that the prohibition against the mother removing the children, previously made on 1 August 2014, be suspended for 14 days, during which time any application by the father was to be filed. The recovery order was to remain in force until further order, and the costs of the father were reserved.