LEISEL & LEISEL

In the matter of *Leisel & Leisel*, the Family Court of Australia considered applications by the father concerning the whereabouts and welfare of the parties' child, who had been abducted to Country D. The father sought, among other things, leave to issue a subpoena for phone records to ascertain the mother's location and sought orders for the recovery of the child and the arrest of the mother.

The court was required to determine whether to grant leave for the father to apply for the mother to be dealt with for contravention of a previous court order, whether to issue a recovery order for the child, whether to issue an arrest warrant for the mother, and whether to grant leave to issue a subpoena to Telstra for the phone records of the mother's brother. The court also considered an application by the mother to stay the administrative assessment of child support.

Watts J reasoned that the abduction of the child overseas did not provide a legislative basis to stay the administrative assessment of child support. However, the court found sufficient grounds to grant leave for the father to apply for the mother to be dealt with for contravention, provided he filed the appropriate application within 14 days and dispensed with any conflicting rules. The court also made a recovery order for the child, authorising the Marshall of the Court and law enforcement officers to recover and return the child to the father, if necessary by force. Furthermore, an arrest warrant was issued for the mother pursuant to s 65Q(2) of the *Family Law Act 1975* (Cth). Leave was also granted to the father to issue a subpoena to Telstra for the phone records of the mother's brother to assist in locating her. The father's application numbered 6 was dismissed.