Hugh and Sawer & Anor

The case of *Hugh and Sawer* involved a dispute between a mother and father concerning their two children, E and H, both born in January 1999. The mother had initially sought a Recovery Order after the children left her care contrary to a court order to spend time with their father. The proceedings before Faulks ACJ required the court to consider the interpretation of a Recovery Order in the context of parenting orders, the mature views of the children regarding their time with the father, and the father's diagnosed personality disorder, all while aiming to ensure meaningful relationships with both parents and the children's safety.

The court was tasked with determining whether a Recovery Order constituted a Parenting Order for the purposes of sections 64B and 65D of the *Family Law Act 1975* (Cth). Furthermore, it needed to assess what arrangements for the children to spend time with their father would best serve their interests, given the children's expressed wishes and the father's diagnosis. The court also considered whether an injunction should be granted against the father under section 118 of the Act.

Faulks ACJ reasoned that while a Recovery Order is distinct from a Parenting Order, the underlying principles of the Act, particularly the paramountcy of the child's welfare, remained applicable. The court acknowledged the children's mature views and the father's personality disorder, balancing these factors to establish a living arrangement where the children would primarily reside with the father, subject to specific time spent with the mother. The mother was granted sole parental responsibility for decisions regarding psychological or psychiatric counselling for the children, and the father was restrained from hindering such counselling. Existing restraining orders for the mother's protection were continued. The mother's applications for an injunction under section 118 and for costs were dismissed.