Wales and Queen

In the matter of *Wales and Queen*, Justice Austin of the Federal Circuit Court of Australia made orders concerning the recovery of a child. The dispute involved the mother seeking the return of the child, born in August 2009, from the father.

The primary legal issue before the Court was whether to grant a recovery order authorising law enforcement officers to locate and retrieve the child. The Court also considered the mother's application for interim parenting orders, and the father's ability to respond to these applications given the short notice he had received.

Justice Austin reasoned that a recovery order was necessary to ensure the child's safety and welfare, authorising the Marshal, Australian Federal Police, and State and Territory police to find and recover the child. The Court noted that no final parenting orders were made on this occasion due to the father's limited time to consult legal representation and file material. The mother conceded that she would facilitate the child spending time with the father prior to the interim hearing.

The Court ordered that unless the child was returned to the mother by a specified time on 28 October 2009, law enforcement officers were authorised to recover the child and deliver them to the mother or her nominee. These recovery orders were to remain in force until 17 November 2009. The father was directed to file and serve his response and affidavit material by 6 November 2009, in preparation for an interim hearing scheduled for 17 November 2009.