Narkis and Narkis (No 5)

In the matter of *Narkis and Narkis (No 5)*, Cronin J of the Family Court of Australia considered applications by the wife concerning the welfare of the child, E. The dispute involved the wife's application for a stay of previous orders and the husband's application filed on 30 March 2017.

The court was required to determine whether to grant the wife's application for a stay, whether to dismiss the husband's application, and to make orders regarding the immediate care and location of the child, E. Further issues included the discharge of certain previous orders, the release of the child's passport, and the allocation of costs.

Cronin J refused the wife's application for a stay and dismissed the husband's application filed on 30 March 2017. The court ordered that the wife was to bring the child to the Child Minding Centre of the Family Court of Australia, Melbourne Registry, at 9:30 am on Tuesday, 4 April 2017, for the child to be handed to the husband by court staff. In the event of non-compliance, a Recovery Order was to issue to the Australian Federal Police and all state police forces, granting them access to a specified address and allowing the husband to attend with the police for the execution of the order. Subject to the husband's access restrictions, a previous order by Justice McMillan on 31 March 2017 was discharged. An injunction against the wife removing the child from the Commonwealth of Australia remained in place, though a previous order placing the child on the Airport Watch List was discharged until further order. The child's passport was to be released forthwith to the husband. The costs of the husband and the Independent Children’s Lawyer were reserved.