Yuan and Song

In the matter of *Yuan and Song*, Johns J of the Federal Circuit Court of Australia made orders concerning the welfare and location of a child, X, born in 2010. The proceedings involved the child's mother, Ms Yuan, and her husband, Mr Song. The dispute centred on preventing the child's removal from Australia and ensuring the child's return to the Commonwealth.

The court was required to determine whether to grant injunctive relief restraining Mr Song from removing the child from Australia, and to issue a recovery order for the child. Additionally, the court considered the release of funds held in trust and directions for the child's return to Australia. The court also addressed the attendance of both parties at a future court date and the potential consequences of the respondent's non-attendance.

Johns J applied principles relating to the paramountcy of the child's welfare in family law proceedings. The court issued an injunction prohibiting Mr Song from leaving Australia with the child or sending the child out of the Commonwealth. A recovery order was made pursuant to s 67U of the *Family Law Act 1975*, empowering law enforcement officers to locate and recover the child and deliver them to Ms Yuan. The court also directed the Australian Federal Police to place the child and Mr Song on an airport watch list. Further orders included the release of $20,000 to the mother's solicitors and a requirement for Mr Song to ensure the child's return to Australia by a specified date. The matter was adjourned for further mention, with both parties ordered to attend personally.