Zinda and Keys

In the Family Court of Australia, Austin J made orders concerning a child, X, born in 2005. The dispute involved the registration and enforcement of orders made by the Family Court of New Zealand. The applicant father sought the registration of these New Zealand orders and a recovery order for the child.

The court was required to determine whether to register the New Zealand orders pursuant to the Family Law Regulations 1984 (Cth) and, if so, to issue a recovery order authorising law enforcement officers to locate and recover the child. The court also needed to consider the terms and duration of such a recovery order, and the subsequent steps for the final determination of the parties' applications.

Austin J, by consent of the parties, ordered the registration of the New Zealand orders. The court then issued a recovery order, directing the Marshal, Australian Federal Police, and State and Territory police services to find and recover the child, authorising the use of force if necessary, and permitting the search of vehicles, vessels, aircraft, premises, or places where the child might be found. The recovery order was to remain in force until 16 December 2019, and upon recovery, the child was to be delivered to the applicant father or his nominee. The parties' applications for final orders were adjourned to a date after the expiry of the recovery order. No order was made as to costs.