Yeddich and Meier and Anor (No 2)

In *Yeddich & Meier and Anor (No. 2)*, the Family Court of Australia considered an oral application made by the Independent Children’s Lawyer. The application sought to discharge a recovery order made the previous day, which directed the child's return to his father, and to suspend existing parenting orders, with the child to reside with his mother. The parties involved were Mr Yeddich (Applicant), Ms Meier (Respondent), and Mr B from the Department of Family and Community Services (Intervenor), with Ms Youssef acting as the Independent Children’s Lawyer.

The central legal issues before the Court were whether to revoke the recovery order and suspend existing parenting orders in favour of the child residing with his mother, despite previous expert evidence and court findings. The Court was required to determine if the circumstances presented by the Independent Children’s Lawyer warranted a departure from established orders, particularly in light of the child's expressed wishes and recent actions.

Justice Hannam dismissed the oral application, reasoning that it was extraordinary and lacked sufficient evidentiary basis to overturn a series of prior decisions. The Court noted that existing orders, which granted the father sole parental responsibility and sole residence, were based on comprehensive psychiatric reports and a fully contested hearing in 2007, as well as consent orders in October of the previous year, all of which consistently recommended against the child residing with his mother. The Court found that the application was based on practical difficulties and the child's own expressed wishes, which were contrary to all expert evidence. The Court emphasised that to reverse its previous decisions would be inconsistent and unsupported by evidence, and that the child, a 13-year-old, could not dictate outcomes. The Court also made further recovery orders prohibiting the mother, or anyone acting on her behalf, from removing or taking possession of the child, with the possibility of arrest without a warrant for breach.