HEDLUND & HEDLUND (No.2)

This matter concerned an application for a recovery order in the Federal Circuit Court of Australia. The applicant mother sought the return of her child, X, who had absconded to the paternal grandparents' residence. The child, who has autism, an intellectual disability, and significant behavioural challenges, had a history of assaulting the mother and absconding to the father's house. Final orders had previously been made for the child to live with the mother with no time or communication with the father, following findings that the child's assaults and absconding were encouraged by the father. The paternal grandparents were not parties to the proceedings but were willing to facilitate the child's return to the mother, though the mother was reluctant to attend their property due to prior conflict. The child refused to leave the paternal grandparents' home voluntarily, and the police indicated they would not remove the child without a recovery order. The father, appearing self-represented, sought a stay of the final orders and the child's return to him, arguing the recovery process would cause trauma.

The primary legal issue before the Court was whether to grant a recovery order for the child X. This involved determining whether the circumstances warranted the extraordinary measure of a recovery order, particularly in light of the existing final parenting orders and the father's application for a stay. The Court also had to consider the best interests of the child in deciding whether to grant the recovery order and refuse the stay.

The Court reasoned that there was no basis to grant a stay of the final orders, as the father's application lacked merit. The Court found that the best interests of the child required the child to return to live with the mother, as stipulated in the final orders. Consequently, the Court refused the father's application for a stay and issued a recovery order pursuant to section 67Q of the *Family Law Act 1975*. The recovery order directed the Marshal of the Federal Circuit Court, officers of the Australian Federal Police, and officers of State and Territory Police Forces to find and recover the child and return the child to the applicant mother. The Court noted that these orders were made on an urgent basis with brief ex tempore reasons.