Simpson and Caner (No. 2)

In *Simpson and Caner (No. 2)*, Brown J of the Family Court of Australia considered an application for recovery orders concerning two children, J and K. The dispute arose from existing Family Court orders made on 3 November 2006, which stipulated that J live with the husband and K spend time with him. The husband sought to enforce these orders and vary the time K was to spend with him.

The court was required to determine whether to issue recovery orders authorising law enforcement agencies to find and deliver the children to the husband, and to vary the existing parenting orders to allow the husband to spend six full days with K following her recovery. The court also had to consider the procedural aspects of serving the wife with the new orders and related documents, and the dismissal of the husband's application in a case.

Brown J applied section 67U of the *Family Law Act 1975* to issue the recovery orders, authorising the Marshal, Deputy Marshal, Australian Federal Police, and State and Territory police forces to locate and deliver the children to the husband. The court also varied the previous orders under section 65DA(2) and section 62B of the *Family Law Act 1975*, specifying that the husband would spend six full days with K upon her delivery, with changeovers to occur at a designated police station. The court abridged all times to allow the matter to proceed ex-parte and ordered that the reasons for judgment be transcribed and made available to the parties.