IANNELLO & IANNELLO (No.6)

In *Iannello & Iannello (No.6)*, the Applicant Wife sought urgent orders from the Federal Circuit Court of Australia concerning the recovery of her two children, X (born 2005) and Y (born 2008), from the Respondent Husband. The Wife’s application was filed on 24 March 2020.

The court was required to determine whether to grant a Recovery Order under sections 67Q and 67U of the *Family Law Act 1975* (Cth), authorising law enforcement to find and recover the children and deliver them to the Wife. The court also considered whether to grant leave for the Wife to proceed ex parte, to abridge time for the urgent hearing of her application, and to stay certain previous orders, including the discharge of an Independent Children’s Lawyer.

Judge C E Kirton QC reasoned that the circumstances warranted the issuance of a Recovery Order, granting broad powers to law enforcement to locate and recover the children, including the power to stop and search vehicles and premises, and to arrest the Husband if he re-took possession of the children. The court also granted the Wife leave to proceed ex parte and abridged time for the hearing. However, the court ordered that the Recovery Order be stayed until 9:00 am on 25 March 2020, and that the Wife serve the Husband with the relevant documents as soon as practicable. The court also stayed the discharge of the Independent Children’s Lawyer until further order and reserved costs.