Ngozi and Tesamino

In the matter of *Ngozi and Tesamino*, heard before Ryan J of the Family Court of Australia, the dispute concerned the recovery of a child, M, born in April 1998. The applicant sought a recovery order for the child.

The primary legal issue before the court was whether to grant a recovery order under section 67Q of the *Family Law Act 1975* (Cth) to locate and return the child to the applicant. The court also considered ancillary orders, including a prohibition against the respondent, Ms Tesamino, taking possession of the child again, and the transfer of outstanding applications to the Federal Magistrates Court.

Ryan J issued a recovery order pursuant to section 67Q of the *Family Law Act 1975* (Cth). This order directed the Marshal of the Family Court, all officers of the Australian Federal Police, and all officers of State and Territory Police Forces to find and recover the child, M, and return the child to the applicant. The order empowered these officers to stop and search any vehicle, vessel, or aircraft, and to enter and search any premises or place where there was reasonable cause to believe the child might be found. The recovery order was to remain in force until 6 May 2013. Additionally, pending further order, Ms Tesamino was prohibited from taking possession of the child. The court also ordered that all outstanding applications be transferred to the Federal Magistrates Court and requested the matter be listed in the Federal Magistrates Court's duty list as soon as possible.