Masih and El Saeid (No 3)

In *Masih and El Saeid (No 3)*, Loughnan J of the Federal Circuit and Family Court of Australia made orders concerning the time the children would spend with their father, and the consequences of non-compliance. The proceedings involved an application to vary existing parenting orders and to issue a recovery order for the children.

The court was required to determine the terms of the children's time with the father, including specific dates and times for handover. Crucially, the court also had to consider the issuance of a recovery order under s 67U of the *Family Law Act 1975* (Cth) should the children not be delivered to the father as ordered, and the conditions under which such an order would be executed.

Loughnan J made detailed orders for the children to spend continuous time with the father between 23 August 2019 and 4 October 2019. The court also ordered the mother to deliver the children's belongings to the father by a specified date. In the event the children were not delivered to the father as per the orders, a recovery order was to be issued, authorising law enforcement officers to find and recover the children and deliver them to the father. The court further stipulated that the recovery order would lie in the registry and not be executed without further order, granting leave for the father's solicitors to approach the court regarding its execution. Subsequently, the court ordered that the recovery order be executed.