Pergolese and Benvenuto

In the matter of *Pergolese and Benvenuto*, Berman J considered an application for a recovery order concerning a child, B, born in 2012. The dispute involved the father seeking the return of the child and an injunction to prevent the mother from removing the child from his possession.

The central legal issues before the court were whether a recovery order should be made for the child, where the child should live, and whether the mother should be restrained from taking possession of the child. The court also had to consider the terms and duration of any such orders, including provisions for the mother's arrest if she contravened the injunction.

Berman J reasoned that a recovery order was appropriate and ordered that the child B live with the father. The court further granted an injunction restraining the mother from removing or taking possession of the child from the father until further order. To ensure compliance, the court stipulated that the mother could be arrested without a warrant if she removed or took possession of the child. The recovery order was to remain in force for twelve months or until further order, whichever occurred sooner, with liberty to re-list the matter on four days' notice.