Independent Children’s Lawyer and Layden and Ors

This matter came before Kent J of the Family Court of Australia concerning an application by the Independent Children’s Lawyer. The dispute involved the recovery of a child, identified as B, born in 2006, and the arrest of Mr Layden.

The court was required to determine whether to grant leave for the Independent Children’s Lawyer to obtain an un-redacted copy of correspondence from the Australian Federal Police to the Marshal of the Family Court, and to issue subpoenas to individuals identified in that correspondence to give evidence. Furthermore, the court considered the issuance of a Recovery Order for the child B and a warrant for the arrest of Mr Layden.

Kent J granted leave for the Independent Children’s Lawyer to obtain the un-redacted Australian Federal Police correspondence and to issue subpoenas for the attendance of identified individuals. The court issued a Recovery Order, authorising the Marshal and all officers of the Australian Federal Police and State and Territory police forces to locate and recover the child B, and to deliver her to Ms Lyons. Concurrently, the court discharged a previous warrant for the arrest of Mr Layden but issued a new warrant for his arrest, directing that he be brought before the Court as soon as practicable. The warrant for Mr Layden's arrest was to remain in force for twelve months. Costs were reserved, and the proceedings were adjourned for further mention and evidence.