Tabano and Yabon

In the matter of *Tabano and Yabon*, Forrest J of the Family Court of Australia considered an application concerning the welfare of a child, X, born in 2006. The dispute involved the father's communication with the child and the child's return to the mother's care, with the court seeking to expedite proceedings in the best interests of three children.

The court was required to determine whether to suspend an existing order that restrained the father from communicating with the child, and if so, for what purpose and duration. Additionally, the court needed to consider the issuance of a Recovery Order for the child, specifying the authorities empowered to execute it, the location for the child's delivery, and the conditions under which the order would take effect and remain in force.

Forrest J ordered that the previous restraint on the father's communication with the child be suspended until 5:00 pm on 10 December 2019, specifically to allow the father to telephone the child and persuade her to return to her mother's care pending the trial. The court further ordered the issuance of a Recovery Order, authorising the Marshal of the Family Court, officers of the Australian Federal Police, and state and territory police forces to locate and recover the child. This order permitted the stopping and searching of vehicles, vessels, or aircraft, and the entry and search of premises where the child might be found. The child was to be delivered to the mother in Queensland, or another agreed address, with the Recovery Order not to be executed before 5:00 pm on 10 December 2019. The Recovery Order would be executed as soon as possible if the child had not voluntarily returned to the mother's care and would remain in force for twelve months.