Kirner and Forrester (No.2)

In the matter of *Kirner and Forrester (No.2)*, Judge Young of the Family Court of Australia was required to make orders concerning the welfare of a child, identified as [X]. The proceedings involved the mother, Ms Kirner, and the father, Mr Forrester. The dispute centred on the father's alleged drug use and his removal of the child, leading to the mother's application for a recovery order and other protective measures.

The court was tasked with determining several critical issues. These included whether to grant the mother leave to proceed ex parte, the necessity and terms of a recovery order for the child, the conditions under which any future contact between the father and child might resume, and the immediate living arrangements for the child. The court also had to address the father's compliance with previous orders, particularly regarding drug testing, and the adjournment of an application for contravention filed by the mother.

Judge Young's reasoning led to a series of comprehensive orders aimed at ensuring the child's safety and well-being. The court issued a recovery order authorising law enforcement to locate and return the child to the mother, prohibiting the father from further removing the child, and making him liable for arrest if he did so. Existing time orders with the father were suspended, and any resumption of contact was made conditional upon the father undergoing a psychological assessment and participating in a supervised time program. Crucially, the father was ordered to undergo a hair follicle drug analysis at his own expense, with strict protocols for collection and testing, and to provide the results to the mother and the Independent Children's Lawyer. The court also adjourned the mother's contravention application.