Sabel and Zedenyi

In the matter of Sabel and Zedenyi, heard by Judge Henderson, the dispute concerned the location and recovery of a child born in 2015. The father sought orders for the child to live with him and for assistance in locating and returning the child to his care.

The court was required to determine whether to make orders for the child to live with the father, and crucially, whether to issue a recovery order under section 67Q of the *Family Law Act 1975* (Cth) authorising law enforcement to find and return the child to the father. The court also considered the circumstances under which the mother might be arrested without a warrant.

Judge Henderson reasoned that the father should have the primary care of the child and issued a recovery order authorising the Marshal of the Federal Circuit Court, Australian Federal Police, and State and Territory Police Forces to use necessary force to find and recover the child. This included the power to stop and search vehicles, vessels, aircraft, and to enter and search premises where the child might be found. The court also noted that the father had previously been unable to recover the child after returning to a foreign country.

The court ordered that the child live with the father, and that the father be permitted to provide information to public authorities and newspapers to assist in the child's return, without breaching section 122 of the *Family Law Act 1975*. The recovery order was to remain in force for twelve months. Furthermore, the mother was subject to arrest without a warrant if she again removed the child or approached the father or child's home, work, or school. The applicant father was ordered to pay any associated travel costs for the child's return.