Hay and Kelleher and Anor

This matter concerned a sibling group of four children, W, X, Y, and Z, who were found to be at unacceptable risk of harm. The Department of Family and Community Services had been invited to intervene but had not yet done so. The mother did not appear at the interim hearing, and the proceedings therefore continued ex parte. The court was constituted by Judge Obradovic.

The primary legal issues before the court were whether to issue a recovery order for the children and what interim parenting arrangements should be put in place to ensure their safety. The court also had to consider the dismissal of the initiating application.

The court reasoned that the children were at unacceptable risk of harm, necessitating immediate intervention. Pursuant to section 67Q of the *Family Law Act 1975*, the court issued a recovery order authorising and directing law enforcement officers to find and recover the children. The children were to be delivered to the second respondent, and the second respondent was to bear any associated travel costs. The court also made consent orders in accordance with a "Terms of Settlement" document signed by the parties. The initiating application filed on 25 February 2016 was dismissed. The matter was listed for directions on 7 June 2017.