Wiggs and Piercy

In the matter of *Wiggs and Piercy*, heard by Judge Terry, the dispute concerned the living arrangements and welfare of a child, [X], born in 2012. The court was required to determine where the child should live and to make orders to ensure the child's safety and to facilitate the father's care of the child.

The court was asked to consider the paramountcy of the child's welfare in determining the living arrangements. Specifically, the court had to decide whether to issue a recovery order to locate and return the child to the father's care, and whether to grant injunctions restraining the mother from removing the child and the father from certain actions. The court also considered the father's conduct in recording conversations with the mother.

Applying the principles of the *Family Law Act 1975*, the court ordered that the child live with the father and issued a recovery order directed to law enforcement agencies to find and return the child to the father. Injunctions were granted restraining the mother from removing the child and from attending near the child's school at specific times. The father was also restrained from driving with the child as a passenger, allowing contact with paternal uncles, and changing the child's school enrolment. The court also granted an injunction restraining the father from recording telephone conversations with the mother or videoing her, warning that such evidence might not be admitted. The matter was adjourned for further consideration, including whether the child could spend time with the mother.