Urgent Recovery Orders are powerful orders which are used when a parent does not return a child.
Often our clients’ worst nightmare is when children are not returned to their home by the other parent. This can take the form of the other parent simply deciding to keep the children or in some cases can involve moving the children interstate. This article aims to explain the working of Recovery Orders and how depending on your circumstances you can get your child back.
In the event one parent does not return the child as per their informal agreement or in accordance with Court Orders you should seek legal advice. Depending on the circumstances of your case your family lawyer may suggest you file an application in the Family Law Courts for an urgent recovery order.
Recovery Orders are usually filed in urgent circumstances and because of this urgency the Court will waive the requirement for the parents to attend mediation. More often than not your lawyer will also request that the application be heard on the short service list. This list is reserved for urgent applications and depending on how busy the Court is, as well as how serious the risk of harm to the child/children is, you can be before a Judge within the week. In the slow moving Family Law system a week is an extremely quick turnaround.
A judge will then assess whether it is in the best interests of the child or children to be returned to that parent. If your Application is granted a number of powers are granted to State and Federal Police, this includes authorising them to recover and deliver the child to you. They can do this by searching vehicles, vessels or aircrafts and to enter and search any premises or place where they have reasonable cause to search for the child. It is an exceedingly powerful set of orders and aims to have the child or children returned to your care as soon as possible.
Recovery Applications and relocation cases are a complex area of Family Law. If you need help with your Family Law matter, call Kate Walker, Accredited Specialist Family Lawyer now on 4324 7699.