Vine and Crossley

In the Family Court of Australia, Judge Harland presided over proceedings involving an applicant and a respondent concerning their child, X. The core of the dispute revolved around the welfare and location of the child.

The court was required to determine the immediate living arrangements for the child X and to consider the necessity of issuing a Recovery Order. This involved assessing the circumstances that necessitated such an order and defining the powers to be granted to law enforcement officials to locate and return the child.

Judge Harland ordered that the child X live with the applicant until further order. Crucially, a Recovery Order was issued pursuant to section 67U of the *Family Law Act 1975*. This order authorised the Marshal, Australian Federal Police, and State and Territory police forces to find and recover the child, deliver the child to the applicant, and to stop, search, and enter premises where the child might be found. The applicant was also directed to notify the court immediately upon the child's return. The respondent was ordered to file and serve a Response, Affidavit in support, and Notice of Risk within 28 days. The proceeding was adjourned for an Interim Contested Hearing.