Mace and Mace

In *Mace and Mace*, O’Reilly J of the Family Court of Australia made orders concerning the welfare of a child, M, born in November 2001. The proceedings involved a dispute between the child's parents regarding the child's living arrangements and parental responsibility.

The court was required to determine the immediate living arrangements for the child, M, and to issue orders for the recovery of the child if necessary. The court also considered the need to prevent discussion of the proceedings with the child and to facilitate the child's delivery to the mother.

O’Reilly J ordered that the child M live with the mother and that she have sole parental responsibility. The court further ordered that the parties not discuss the proceedings with the child that afternoon and that the father deliver the child to the mother at a specified police station at 5:30 pm on the day of the hearing. Crucially, a recovery order was issued, authorising and directing the Marshal of the Family Court and officers of the Australian Federal Police and state and territory police forces to find and recover the child. This recovery order, which would remain in force for six months, permitted the stopping and searching of vehicles, vessels, or aircraft, and the entry and search of premises where there was reasonable cause to believe the child might be found. The child was to be delivered to the applicant at the specified police station or another agreed address. A notation indicated that if the father delivered the child to the mother as ordered, the recovery order would not be executed.