Short and Turlison

In this matter before Hogan J, the applicant father, Mr Short, sought orders concerning the location and recovery of his child, B. The respondent mother, Ms Turlison, was believed to be with the child. The father sought leave to proceed ex parte, indicating that the mother was not present or represented at the hearing.

The court was required to determine whether to grant the father leave to proceed without the mother's participation. Furthermore, the court had to consider the appropriate orders to facilitate the location and recovery of the child, B, and to ensure the child's safety and welfare upon recovery. This involved determining the scope of information to be sought from the Department of Human Services and the powers to be granted to law enforcement agencies for the child's recovery.

Hogan J granted the father leave to proceed ex parte. The court then made orders pursuant to section 67N of the *Family Law Act 1975* (Cth), directing the Secretary of the Department of Human Services to search its records for information regarding the location of the child, B, and the mother, Ms Turlison. This included details of addresses, associated persons, and financial information that might reveal their whereabouts. The court also ordered that any information regarding actual or threatened violence to the child or relevant persons be provided. Additionally, pursuant to section 67U of the *Family Law Act 1975* (Cth), a Recovery Order was issued, authorising the Marshal of the Family Court and officers of the Australian Federal Police and State/Territory Police Forces to locate and recover the child. These officers were granted broad powers to stop, search, and enter premises where the child might be found.

Finally, the court ordered that the child, B, be delivered to the care of the father, Mr Short. The respondent mother, Ms Turlison, was restrained from removing or attempting to remove the child from the father's care or from the child's school following the child's return to the father.