SWAN & SIVANA

The parties before the court were MS SWAN (the mother) and the father, in proceedings concerning their child, X. The mother applied ex parte for a recovery order in respect of X. The court granted the application for the recovery order and made interim orders that X live with the mother and spend no time with the father.

The court was required to determine whether to issue a recovery order under section 67Q of the *Family Law Act 1975* and what interim parenting orders were in the best interests of the child. In considering the best interests of the child, the court was obliged to have regard to the primary considerations outlined in section 60CC(2) of the Act, which include the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm. The court was also required to consider the additional factors listed in section 60CC(3), such as the child's views, the nature of the relationship with each parent, the extent to which each parent has fulfilled their responsibilities, and the likely effect of any changes in the child's circumstances.

The court reasoned that the primary considerations under section 60CC(2) were relevant to the application. Specifically, the court noted the requirement to give greater weight to the consideration of protecting the child from physical or psychological harm. The court's decision to issue the recovery order and make interim orders for X to live with the mother and spend no time with the father indicates that it found sufficient grounds to believe that the child's safety and well-being necessitated these measures, particularly in the context of an ex parte application where the father was not present to present his case.

The court ordered that a recovery order issue, directing law enforcement officers to find and recover the child X and return the child to the mother or her nominee. Pending further order, X was to live with the mother and spend no time with the father. The father was granted liberty to apply on short notice regarding these ex parte orders.