Recovery order in family law proceedings
A recovery order in family law proceedings may be sought in appropriate cases.
On or around separation, it sometimes happens that one parent may decide to pack their belongings and move away with their children to a place where they can make a fresh start. The parent may want to do that for a number of reasons. Where young children are involved, a parent with no extended family support where the family had been living before separation may wish to move with the children to live close to his or her parents or siblings. In other situations, a parent may have a new relationship with someone who lives in another city. A parent may also relocate with children to another place where family violence or child abuse has been a factor. A parent relocating with children may consider that the children are at risk from the other parent in remaining where they have been living. Where a parent relocates children without the consent of the other parent, that other parent may make an application to the family court on an urgent basis seeking a recovery order.
Our Brisbane family lawyers can advise you about the strength of your case to obtain a recovery order. Call us on 07 3506 3651 for complimentary initial advice. You are also welcome to read on..
What is a recovery order?
When your child is relocated without your consent, whether or not you have already got Court Orders in place for the child’s care arrangements, the Family Law Act 1975 (Cth) gives the Court the power to make a recovery order for your child to be be returned to the care
- a parent; or
- any person with an order in place for the child to live with, spend time with or communicate with; or
- and person who has parental responsibility for the child.
A recovery order can be a useful tool for parents and caregivers as it offers dual protections, enabling the Police to become
involved to find the child and place that child in another parent or person’s care, while at the same time offering the ability to obtain an order preventing a parent or other person from again collecting and withholding the child.
Who can apply?
A recovery order can be requested by any of the people listed above, but a grandparent or any other person who is concerned with the care, welfare and development of the child may also apply to the Court for relief.
How do you apply?
If you have already applied to the Court for parenting orders, then you will file an Application in a Case seeking a recovery order.
If you don’t already have an Application for parenting orders before the Court, then you should file an Application which asks the Court to make both parenting orders and a recovery order.
You will need to file an affidavit to support the recovery order that you are asking the Court to make.
You should know however that Court has discretion whether to grant a recovery order. The order is not made as of right. The Court will determine what is in the best interests of the child and as part of that consideration,whether the child should be returned to the original place and what living arrangements should exit for the child.
Contact us! Our family lawyers Brisbane or family lawyers Brisbane Northside for advice concerning your prospect of obtaining a recovery order or regards any family law issues, including family law property settlement. Our goal is to assist our clients to reach an amicable agreement with their former partner without the need to go to Court. If however court action becomes necessary, we have the experience to represent you at Court.
The information set out in this blog is not a substitute for legal advice. We recommend that you obtain advice tailored to your particular circumstances from LGM family lawyers Brisbane.