Leary & Gilbert

In the matter of *Leary & Gilbert*, heard by Young J, the applicant father, Mr Leary, sought orders concerning the residence of the child, X, born in 2012, and the respondent mother, Ms Gilbert. The court was required to determine the living arrangements for the child and the practical steps for the child's relocation.

The central legal issue before the court was the determination of the child's primary residence. Arising from this, the court also considered the necessary orders to facilitate the child's transition to the father's care, including provisions for the mother to deliver the child to the father or his nominee.

Young J ordered that the child X live with the father, Mr Leary. The court further ordered that the mother, Ms Gilbert, must immediately deliver the child to the father or a person nominated in writing by him, at a place agreed upon by both parents. In the absence of agreement, a recovery order would be issued. The father was directed to arrange for service of the sealed orders on the mother as soon as practicable. The matter was adjourned for mention on 26 July 2021.