Surry and Surry (No 2)

In *Surry and Surry (No 2)*, Baumann J of the Family Court of Australia considered an application by the father concerning the welfare and living arrangements of the parties' two children, X and Y. The proceedings were re-opened following recent events and an oral application by the father. The mother was present in court when the reasons for the orders were delivered.

The central legal issues before the Court were the interim living arrangements for the children, the need for therapeutic intervention, their schooling, and the extent to which the mother should be restrained from contacting or interfering with the children's care. The Court was also required to consider the issuance of a Recovery Order to locate and return the children to the father's care, and to address the potential distress to the children during this transition.

Baumann J reasoned that the orders made were in the best interests of the children on an interim basis, notwithstanding a provisional apprehended violence order against the father. The Court ordered that the children live with the father, be permitted to engage a psychologist for therapeutic counselling, and immediately attend a new school. Crucially, the mother was restrained from contacting the children electronically unless facilitated by the father and from seeking to contact or remove the children from the father's care or school. A Recovery Order was issued, authorising law enforcement to find and recover the children and deliver them to the father, remaining in force for one month. The Court also noted the mother's indication of a potentially less stressful transition process and the father's intention for his mother to reside with him for the foreseeable future.