Enacting Recovery Orders To Bring Back Your Kids

Recovery Orders,General Law
27 Apr

Enacting Recovery Orders To Bring Back Your Kids

What Happens if a Party Does Not Return the Child?

If you are concerned that your child may not be returned to your care after spending time with the other parent, there are some simple things you can do to try and avoid this situation, or, make it easier for yourself to recover the child in the event this does occur.

Make Arrangements in Writing

If you have not yet agreed to a parenting plan with the other parent, or are awaiting mediation, you should try and make arrangements in writing which specify the date, time and where changeovers will occur. When putting this information in writing, not only does it become easier for the parties to follow, but it also provides concrete evidence in the event the other party does not comply with the original agreement.

This also has an added bonus of demonstrating to the Court that you have intentions of co-operating with the other party in the parenting of the child.

What Happens if the Child Is Withheld?

If there is an agreed parenting arrangement, or if the other party simply withholds the child from your care, you can then proceed with a Recovery Order. The Court does not look favourably on parties who unilaterally change the child’s living arrangements without the prior consent of the other party. This is where written agreements and evidence can make this process easier. Depending on whether the recovery is urgent, the process of returning the child to your care can take between one or two weeks.

Often times the mere filing of a Recovery Order is enough to make the other parent realise they are unnecessarily withholding the child and return them to your care. However, if the child continues to be withheld from you, the Court has the power to make an Order which provides authority to the police to recover your child from the other party. Importantly, cases that require police involvement are extremely rare and usually, the situation is defused before this occurs.

If you require any advice regarding the above information or seeking to apply or defend a Recovery Order, call us today to speak with one of our accredited family law specialist or email your query to reception@jamesnoblelaw.com.au

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