Nigel and Nigel

In the matter of *Nigel and Nigel*, Hannam J of the Family Court of Australia considered a dispute concerning the welfare of a child, X, born in 2004. The proceedings involved an application for a recovery order for the child and related interlocutory and final orders. The court's decisions were made in the context of ongoing litigation concerning parental responsibility and the child's living arrangements.

The primary legal issues before the court were the immediate recovery of the child, X, and the establishment of a framework for the final hearing of the proceedings. This included determining the terms of various orders relating to the child's safety and communication, as well as directions for the presentation of evidence, including expert reports and affidavits, for the resumed final hearing. The court also had to consider the implications of the father's criminal proceedings and his engagement with psychological and therapeutic services.

Hannam J applied provisions of the *Family Law Act 1975* (Cth), including sections 67U and 68B, to make urgent recovery orders for the child and to impose injunctions for the personal protection of the child and the mother. The court's reasoning involved balancing the need for the child's immediate safety with the procedural requirements for a final hearing. Directions were given for the preparation and filing of affidavits, expert reports concerning drug use and mental health, and transcripts from criminal proceedings. The court also made orders regarding family therapy and counselling for the child.

The court made a number of orders, including vacating upcoming hearing dates and issuing a recovery order for the child, X, to be delivered to Child Dispute Services. Further orders were made pending further determination, with specific amendments to existing minutes of order. The proceedings were listed for a final hearing commencing on 19 August 2019, with detailed directions for the parties to prepare and file evidence. The court also made orders concerning the arrest powers of police officers in the event of breaches of injunctions.