McGarat and England

In the matter of *McGarat and England*, Dawe J of the Federal Magistrates Court of Australia (now Federal Circuit Court of Australia) made orders concerning the welfare of two children, S and L. The dispute involved the father, Mr McGarat, seeking orders for the children to live with him and for him to have sole parental responsibility. The mother, Ms England, was subject to injunctions and recovery orders related to the children's attendance at school and their delivery to the father.

The court was required to determine the immediate living arrangements for the children, the extent of parental responsibility to be granted to the father, and the appropriate measures to ensure the children's safety and delivery to the father. This included considering the issuance of a recovery order under section 67U of the *Family Law Act 1975* (Cth).

Dawe J ordered that the children live with the father and that he have sole parental responsibility until further order. An injunction was granted restraining the mother from attending the children's school or arranging for their collection on that day, with the father directed to collect them. A recovery order was issued, authorising the taking possession of the children and their delivery to the father, but this order was stayed until 4:30 pm that day and would only come into effect if the father had not collected the children by that time. The court also made directions for service of orders on the mother and adjourned further consideration of final orders.