Hampshire and Jacobs

In *Hampshire and Jacobs*, Berman J of the Family Court of Australia considered an application to suspend existing orders concerning the living arrangements of a child, B. The dispute centred on the father's application to have the child live with him for a specified period.

The primary legal issue before the court was whether to suspend paragraphs 2, 3.1, and 4 of orders made on 27 October 2016, and if so, to make consequential orders regarding the child's care and recovery during the period of suspension. The court was required to determine the specific terms and conditions under which the child would live with the father and the mechanisms for ensuring the child's delivery and return.

Berman J reasoned that the existing orders should be suspended to allow the child to live with the father between 10 and 30 August 2017. The court then detailed the precise arrangements for the child's handover to the father, including options for delivery and the involvement of the Court Childcare Facility and Child Dispute Services if necessary. Crucially, the court also made provision for the issuance of a Recovery Order under section 67U of the *Family Law Act 1975* (Cth) should the child not be delivered up as ordered, empowering law enforcement to locate and return the child to the father. The father was also directed to ensure the child's attendance at school during this period.