H v L

The Full Court of the Supreme Court of Western Australia heard an appeal in the matter of *H v L*. The dispute concerned an application for an order for the recovery of a child, brought by the father (H) against the mother (L). The primary judge had dismissed the father's application.

The central legal issue before the Full Court was whether the primary judge had erred in dismissing the father's application for the recovery of the child. This required the Court to consider the principles governing applications for the recovery of children under relevant legislation, and to assess whether the primary judge had properly applied those principles to the facts of the case.

The Full Court found that the primary judge had failed to properly consider the paramountcy of the child's welfare and the specific legislative requirements for an order for the recovery of a child. The Court emphasised that the primary judge's decision was based on an incorrect understanding of the onus of proof and the factors to be taken into account. The Court allowed the appeal, setting aside the primary judge's order and remitting the matter back to the Family Court for redetermination in accordance with the correct legal principles.