Leyton and Stanley

In the matter of Leyton and Stanley, Justice Austin of the Supreme Court of New South Wales made orders concerning the recovery of two children, L and M. The dispute involved the mother's application for interim orders to secure the children's return.

The court was required to determine whether to grant a recovery order authorising law enforcement officers to locate and retrieve the children. The order also sought to prohibit the father from further removing the children and to permit his arrest without a warrant if he did so.

Justice Austin issued a recovery order addressed to the Marshal and all officers of the Australian Federal Police and State and Territory police services. This order authorised and directed these officers to find and recover L and M, with the power to stop and search vehicles, vessels, or aircraft, and to enter and search specified premises. Upon recovery, the children were to be delivered to the mother or her nominee. The father was prohibited from removing the children again, and officers were authorised to arrest him without a warrant if he contravened this prohibition. These orders were to remain in force for one month or until the next court appearance.