Iannello and Iannello (No.6)

In *Iannello and Iannello (No.6)*, the Federal Circuit Court of Australia considered an application by the Applicant Wife concerning the recovery of two children, X and Y. The dispute involved the urgent need to locate and return the children to the Applicant Wife, with the Respondent Husband being a party to the proceedings.

The primary legal issue before the Court was whether to grant a Recovery Order under sections 67Q and 67U of the *Family Law Act 1975* (Cth). This involved determining if the circumstances warranted authorising law enforcement agencies to find and recover the children, deliver them to the Applicant Wife, and to stop and search vehicles, vessels, aircraft, premises, or places where the children might be found. The Court also had to consider whether to grant leave to proceed ex parte, arrest the Respondent Husband if he re-possessed the children, and stay certain previous orders.

Judge C E Kirton QC reasoned that the urgency of the situation necessitated the granting of a Recovery Order. The Court applied the principles governing such orders, which are designed to protect children and ensure their welfare. The Court granted the Applicant Wife leave to proceed ex parte, indicating that the circumstances justified proceeding without the Respondent Husband's immediate presence or consent. A Recovery Order was issued, authorising law enforcement to locate and recover the children and deliver them to the Applicant Wife. The Court also ordered that the Recovery Order be stayed until a specific time and date, and that the Respondent Husband be served with the relevant documents. Additionally, an order discharging the Independent Children’s Lawyer was stayed, and the Applicant Wife was permitted to provide court documents to the Department of Health and Human Services. Costs were reserved, and liberty to apply on short notice was granted.