If there is a parenting order in place, and one parent does not return a child under such orders, then a recovery order application may be lodged with the Court against that parent not returning the child.
However, it may be necessary to prevent a parent from obtaining access to your child due to some unfortunate circumstances.
The following article will discuss recovery orders, and namely, how to stop a recovery order.
What Is a Recovery Order?
Before discussing how to stop a recovery order, it would be helpful to understand the multiple forms a recovery order may take.
Recovery orders are Court ordered and require a child to be returned:
- To a child’s parent or guardian;
- To someone the child lives, communicates or spends time with in accordance to a parenting order; and
- To anyone that has parental responsibility (custody) of the child
What actions does a Recovery Order authorise?
- Prohibiting the child from being removed from the care of a person above again;
- Instructing and permitting the relevant authorities to locate and return the child to a person shown above; and
- Outlining how a child should be cared for before their return.
How To Respond To a Recovery Order
If you are in a position where a recovery order application has been made against you, you should file a response with either the Family Court or Federal Circuit Court.
Such a matter may be heard in Court. However, sometimes issues of this nature are urgent. As such, the Court may hear the case without the need for your presence in Court.
Suppose a recovery order made against you is referred to the police. In that case, you mustn’t do anything to inhibit the police from executing the terms of the recovery order. Doing so will result in a breach of Section 67X of the Family Law Act.
If a recovery order is made against you, you must seek legal advice as soon as possible because time is of the essence in such matters.
How To Stop a Recovery Order?
There are several factors which the Courts will consider when making a recovery order. Accordingly, the best way to understand how to stop a recovery order is to read previous cases and understand what factors those cases were decided upon.
Stopping a recovery order will require demonstrating the following:
1. There is an urgent requirement for you to move to your new location;
2. You and the other parent/guardian had previously agreed on you moving to another location; and
3. There are risks of family violence or harm involved to either yourself or the children.
What If I’m Not Sure Where My Children Are?
If you are in a position where you do not know where your children are, you must stay calm because you have several legal options at your disposal.
Before taking on any legal options, you must try and reach your former partner or whoever has taken your child without your permission and try and resolve the matter informally for the quickest resolution. If this does not work, you can try and contact mutual friends or their relatives and try and have them speak on your behalf.
If this does not work – you can try the legal route of getting a recovery or location order. The forms for the application process can be found here.
For these, you will need to file an initiating application for each separate order. In this application, you will be required to provide details regarding what you specifically ask the Court for. These orders can include specifics, such as allowing the police to remove the child from the other parent’s custody.
Family court orders not being followed is a serious matter regardless of your circumstances. If you are experiencing a former partner infringing on your rights, please consider contacting an experienced family lawyer today.
Importance of Seeking Legal Advice
When discussing matters such as stopping a recovery order, it is essential to note that every situation is different, and there is not one single answer for every situation.
If you are in a situation where you are asking yourself how to stop a recovery order, then you should seek legal assistance as soon as possible. Please feel free to contact our team of friendly and experienced family lawyers today. We are always happy to help.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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