Whitman and Burr (No 2)

In *Whitman and Burr (No 2)*, Murphy J of the Family Court of Australia considered an application for a recovery order concerning a child, C, born in January 1994. The application was brought by the father, Mr Whitman, against the mother, Ms Burr.

The primary legal issue before the court was whether to grant a recovery order for the child C. Ancillary to this, the court had to determine the terms and conditions of any such order, including the scope of authority granted to law enforcement officers, the delivery location of the child, and the duration of the order. The court also considered the dismissal of the father's application and the responses filed by the mother and a second respondent, as well as the procedural steps for future parenting order applications.

Murphy J issued a recovery order authorising officers of the Australian Federal Police and state and territory police forces to locate and recover the child C. The order permitted these officers to enter and search Ms Burr's residence in Victoria, or any other identified address, and to stop and search any vehicle, vessel, or aircraft where there was reasonable cause to believe the child might be found. The child was to be delivered to the father in Queensland, or an alternative agreed address. The recovery order was to remain in force for twelve months. The court dismissed the father's application and the responses filed by the mother and the second respondent. The mother was directed to file any application for parenting orders by 23 October 2009, accompanied by an affidavit detailing changes since previous orders made on 10 March 2009, with the father to file his response by 27 November 2009. Pending the child's delivery to the father, the mother was prohibited from removing or taking possession of the child, with a contravention potentially leading to arrest without warrant. The court also incorporated particulars of obligations and consequences of contravention into the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.