Pickering and Pickering (No 2)

This decision of the Family Court of Australia concerned an application by the mother, MS Pickering, for orders relating to the care and recovery of her two children, H and S. The dispute arose in the context of an adjournment of proceedings to 19 January 2010, with the mother seeking to spend time with the children and for their immediate delivery to her care.

The Court was required to determine whether to suspend existing orders, grant the mother time with the children during the adjournment period, and whether to issue a recovery order for the children's delivery to the mother. Additionally, the Court considered whether to grant an injunction restraining the father from removing the children from the mother's care.

In its reasoning, the Court made orders suspending the operation of previous orders made on 22 October 2008. It further ordered that the mother spend time with the children between 23 December 2009 and 19 January 2010. Crucially, the Court issued a recovery order pursuant to section 67U of the *Family Law Act 1975* (Cth), authorising the taking possession of the children and their delivery to the mother. The Court also granted an injunction restraining the father from removing the children from the mother's care.