SYKES & PELL

In the matter of *Sykes & Pell*, Kent J of the Family Court of Australia considered an application by the Father, Mr Sykes, for the return of the parties' two children, B and C, who were allegedly not returned by the Mother, Ms Pell, by a specified date.

The central legal issue before the Court was whether to issue a Recovery Order for the children. This required the Court to determine if the circumstances warranted the extraordinary powers of such an order, which authorises law enforcement to locate and recover the children.

Kent J ordered that a Recovery Order would issue forthwith if the Mother failed to return the children to the Father by 4:00 pm on Friday, 2 September 2011. The Order directed the Marshal of the Family Court, officers of the Australian Federal Police, and officers of all State and Territory police forces to find and recover the children. These officers were authorised to stop and search any vehicle, vessel, or aircraft, and to enter and search any premises or place where there was reasonable cause to believe the children might be found. The children were to be delivered to the Father in Queensland or another agreed address. The Recovery Order was to remain in force for six months.