Ismat and Ismat

In *Ismat and Ismat*, Guest J of the Family Court of Australia considered an application concerning the welfare of a child, D. The proceedings involved an application for orders in the absence of a marriage certificate and a recovery order for the child.

The court was required to determine whether to grant leave for the filing of the application without a marriage certificate and to make orders regarding the child's living arrangements and recovery. Specifically, the court had to consider the issuance of a recovery order under s 67U of the *Family Law Act 1975* to locate and return the child to the husband.

Guest J reasoned that it was appropriate to abridge relevant times and grant leave for the application to proceed without a marriage certificate, given the urgency of the matter. The court ordered that the child, D, live with the husband until further order, while reserving the question of the wife's time with the child. Crucially, a recovery order was issued, authorising law enforcement officers to find and recover the child, deliver the child to the husband, and to stop, search, and enter premises where the child might be found. The court also expedited the preparation of these orders.