Welldon and Welldon

In the matter of *Welldon and Welldon*, Justice Ryan of the Family Court of Australia considered an application by the Mother, Ms Welldon, for a recovery order concerning the child, J. The Father opposed the Mother's application and sought leave to make an oral application for interim orders that the child live with him.

The primary legal issue before the Court was whether to grant the Mother's application for a recovery order under section 67Q of the *Family Law Act 1975* (Cth). The Court also had to determine whether to grant the Father leave to make an oral application for interim orders regarding the child's residence.

Justice Ryan ordered that a recovery order issue, authorising law enforcement officers to take possession of and deliver the child J to the Mother. This order was to remain in force for three months. The Court also made orders by consent restraining the Father from telephoning the child, Mr E, and Ms H, pending further order. The Father's application for leave to make an oral application for interim orders that the child live with him was refused. The Mother's costs of the recovery application were reserved, and the hearing scheduled for 22 October 2007 was vacated. The parties and the Independent Children's Lawyer were directed to provide specific documents on the next occasion, and liberty to apply on 24 hours' notice was granted.