Herewini and Harmer

In the matter of Herewini and Harmer, Young J of the Family Court of Australia made orders concerning the residence of three children and the recovery of the youngest child. The dispute involved the father seeking orders for the care and responsibility of the children, and the mother's apparent failure to comply with previous arrangements, leading to the need for a recovery order.

The primary legal issues before the court were the determination of the children's living arrangements and the necessity and scope of a recovery order for the youngest child. This involved considering the welfare of the children and the appropriate measures to ensure their safety and return to the father's care, particularly in light of the mother's actions.

Young J ordered that two of the children, D and S, reside with the father, who was to have sole care and responsibility for their upbringing. The youngest child was also ordered to live with the father until further order. Crucially, a recovery order was issued pursuant to section 67U of the *Family Law Act 1975* (Cth), authorising and directing law enforcement agencies, including the Australian Federal Police and State and Territory police forces, to locate and recover the youngest child. This order empowered officers to stop and search vehicles, vessels, aircraft, and enter premises where there was reasonable cause to believe the child might be found, and to deliver the child to the father. The father was directed to serve the order and other relevant documents on the mother and the Australian Federal Police. The further hearing of the father's applications was adjourned.