WICKS & FOOTE (No.3)

In the matter of Wicks & Foote (No.3), Judge Obradovic of the Federal Circuit Court of Australia considered an application for a recovery order concerning a child. The application was undefended as against the father, Mr Foote, and sought the return of the child to the Applicant Mother.

The central legal issue before the Court was whether to grant a recovery order for the child pursuant to section 67Q of the *Family Law Act 1975* (Cth). This involved determining the appropriate measures to ensure the child's safe return to the Applicant Mother, given the circumstances of the case.

The Court reasoned that a recovery order was necessary and, accordingly, issued a comprehensive order authorising and directing various law enforcement officers to find and recover the child. The order permitted the use of necessary force, the stopping and searching of vehicles, vessels, or aircraft, and entry into premises where the child might be found. It also stipulated that the child was to be delivered to the Applicant Mother at a place nominated by the recovering officer, with the Applicant Mother responsible for associated travel costs. The Court further ordered the suspension of the father's time with the child pending further order, granted the mother leave to amend her application, and directed the respondent father to file and serve further documents. The order for recovery was to remain in force for twelve months, and the father was advised that he could be arrested without a warrant if he again removed the child from the Applicant Mother.