Sawer and Hugh (No. 2)

This matter came before Bennett J concerning parenting orders for the children J, E, and H. The father, Mr Sawer, had withdrawn his application for parenting orders and subsequently withdrew from further participation in the proceedings. The mother sought orders for the sole parental responsibility and residence of the children with her, along with protective measures.

The court was required to determine the appropriate parenting orders in the absence of the father's participation and in light of concerns for the children's welfare and the mother's personal protection. Key issues included the suspension of existing parenting orders, the grant of sole parental responsibility and residence to the mother, and the implementation of measures to prevent the father from removing the children from school or communicating with them, as well as prohibiting him from approaching the mother's residence or the children's schools. The court also considered the issuance of a recovery order for the children and the assessment of their mental health.

Bennett J made extensive orders, suspending all prior parenting orders and granting the mother sole parental responsibility and residence for the children. The father was prohibited from removing the children from school or communicating with them, and was also prohibited from approaching the mother's residence or the children's schools, with a power of arrest attached to this order for the personal protection of the mother and children. A recovery order was issued authorising law enforcement to find and recover the children and deliver them to the mother, prohibiting the father from retaking possession of them. The court also ordered that the children's mental health be assessed by a psychologist or psychiatrist nominated by the Independent Children's Lawyer, with initial costs to be borne by the Independent Children's Lawyer, and liberty was reserved for the father to apply to vary or set aside the orders. The Independent Children's Lawyer was directed to explain the outcome of the proceedings to the children in terms they could understand.