Schuler and Leonard and Ors

In the matter of *Schuler and Leonard and Ors*, Judge Kari of the Federal Circuit Court of Australia considered an application for urgent recovery of a child. The applicant, the paternal grandmother, sought orders for the recovery of the child, born in 2014, from the first and second respondents.

The court was required to determine whether to issue a recovery order under section 67Q of the *Family Law Act 1975* (Cth) and to appoint an Independent Children’s Lawyer (ICL) under section 68L of the same Act. The court also needed to consider the provision of information to the ICL and the filing of further documents by the father.

Applying section 67Q of the *Family Law Act 1975*, the court found it necessary to issue an urgent recovery order. This order directed the Marshal, Australian Federal Police, and state and territory police forces to locate and recover the child, with the power to stop and search vehicles, vessels, aircraft, and enter premises where there was reasonable cause to believe the child might be found. The child was to be delivered to the applicant or her nominated agent. Furthermore, pursuant to section 68L, the court appointed an ICL to represent the child's interests, directing the parties' solicitors to forward relevant documents to facilitate this appointment. The court also ordered the parties to provide the ICL with details of their and the child's medical and educational attendances, along with authorities for the release of information. The father was directed to file and serve a Response, Affidavit, and Notice of Risk during the adjournment, and the proceedings were listed for an interim hearing.