NORWOOD & NORWOOD

In the matter of *Norwood & Norwood*, heard before Judge Small of the Federal Circuit Court of Australia, the Applicant Father sought and was granted a Recovery Order for the child, X. The dispute concerned the recovery of the child, with the Applicant Father seeking to have the child returned to his care.

The court was required to determine whether to issue a Recovery Order under s.67U of the *Family Law Act 1975*, and to make consequential orders regarding the child's welfare and the conduct of the parties. This included orders restraining the Respondent Mother from removing the child from the Applicant Father's care, requiring the Respondent Mother to deliver the child to the father, and imposing various injunctions on both parents concerning their behaviour towards the child and each other. The court also considered the need for a child inclusive conference with a Family Consultant.

The court reasoned that the issuance of a Recovery Order was necessary to ensure the child's safety and welfare, authorising law enforcement to locate and recover the child. The court also imposed specific conditions on both parents, including prohibitions on denigrating each other in the child's presence, discussing court proceedings with the child, and engaging in inappropriate discipline or behaviour. Further orders mandated attendance at a child inclusive conference and directed the Family Consultant to provide a memorandum to the court and parties addressing the child's views, relevant legislative considerations under the *Family Law Act 1975*, and any other welfare matters. The court also noted requests for the Department of Health & Human Services, Victoria to intervene and for law enforcement assistance.