JAROS & CALDEN

In the matter of JAROS & CALDEN, Judge Heffernan of the Family Court of Australia considered an interim application concerning the recovery of two children. The dispute arose from the father withholding the children from the mother, contrary to existing week-about interim orders. The father sought an order to suspend the mother's time with the children, but the court found his actions to be opportunistic and tactical.

The court was required to determine whether to issue a recovery order for the children and how to address the father's withholding of the children in light of the existing interim parenting orders. The court also considered the need for an Independent Children's Lawyer and the provision of psychological support for one of the children.

Judge Heffernan reasoned that the father's conduct warranted the immediate return of the children to the mother's care. The court ordered the children to be collected from school by the mother, and in the event they were not at school, a recovery order was to issue authorising law enforcement to find and recover the children and deliver them to the mother. The father was also restrained from attending the school. While the interim orders were to continue, the father's time was suspended for one week to allow the children to settle with the mother, with his time to recommence thereafter. An Independent Children's Lawyer was appointed, and the mother was encouraged to facilitate counselling for one child, with both parties to agree on a psychologist for therapy for the children.