Family disputes involving children can be emotionally challenging and legally complex. If your child resides with you, but the other parent or another person is withholding them, or if there are issues with parenting orders not being followed, you may consider applying for a recovery order.
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What is a Recovery Order?
A recovery order is a court order that directs a child to be returned to:
- A parent of the child;
- A person with a parenting order for the child to live with, spend time with, or communicate with; or
- A person with parental responsibility for the child.
Who Can Apply for a Recovery Order?
You can apply for a recovery order if you are:
- A person the child lives with, spends time with, or communicates with according to a parenting order;
- A person with parental responsibility for the child under a parenting order;
- A grandparent of the child; or
- A person concerned with the care, welfare, and development of the child, even if there are no specific parenting orders in place.
How to Apply for a Recovery Order
Before applying, familiarise yourself with the process by reading the Recovery Orders fact sheet and the Australian Federal Police Family Law Kit. The application process varies depending on whether you have current parenting orders or a pending parenting case.
If proceedings are ongoing, file an Application in a proceeding and an Affidavit – Family law and child support. If there are no proceedings, include your application for a recovery order in an application for parenting orders.
Implementation and Further Steps
If the court grants the recovery order, you must provide a copy to the relevant authority, typically the Australian Federal Police (AFP), who will assist in locating and returning the child. If the child is not found, you may request a location order or a Commonwealth information order.
Urgent Recovery Orders
In urgent situations, such as child abduction, risk to the child’s safety, violation of court orders, or wrongful retention, you can seek an urgent recovery order. Each case is unique and assessed individually by the court.
Conclusion
Navigating family law issues can be daunting, especially when children are involved. Seeking legal advice from a family lawyer can help you understand your rights and options under the law. Remember, there are resources and support available to assist you in ensuring the well-being and safety of your child.
Need help? Contact the Brisbane or Cairns family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers in Brisbane or Cairns.
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You may also like to know more information about the
- What Are Considered The Best Interests of the Child?
- Limited or Binding Child Support Agreement – Which Should You Choose?
- Are you thinking to Change your Child’s Name?
- Is it OK for me to withhold my children from my Ex?
- Objection to vaccination of children Family Court jurisdiction.
- The different types of Child Support Arrangements.
- Parenting Plan About Future Care Arrangements for your Children.
- Notice of Child Abuse, Family Violence, or Risk in Parenting Proceedings.
- Parental Responsibilities and Children’s Issues.
- Learn about the Family court portal.
- Family Law act 1975.