WATTS & LORRECK

Watts & Lorreck concerned an application for a recovery order under the *Family Law Act 1975* (Cth). The dispute arose when the father removed the children from the mother's care. While the children had expressed a wish to live with the father, there was evidence suggesting the father was actively undermining the children's relationship with their mother. The matter came before Gill J in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the children's expressed wishes to live with the father were sufficiently clear and consistent to be given weight, and whether a recovery order was in the best interests of the children, having regard to the factors enumerated in section 60CC of the *Family Law Act 1975*.

Gill J reasoned that the children's views, while indicating a preference for the father, were not expressed with the clarity and consistency required to significantly influence the court's decision. The court found that the father's conduct in undermining the children's relationship with their mother was detrimental to their well-being. Consequently, the court determined that making a recovery order was in the best interests of the children, aligning with the overarching principles of the *Family Law Act 1975*. The court ordered the recovery of the children.