If your ex-partner has taken your child or if you feel that there is good reason to retain your child from them, you should contact us right away.
When a parent takes or retains a child without the other parent’s permission and contrary to a Parenting Order or Parenting Plan the Court has power to make a Recovery Order.
Sometimes there are good reasons for taking or retaining a child, for example, where there has been domestic violence or sexual assault or where there is serious risk of harm to a child.
Other times a parent may take or retain child for misguided reasons or to advance their own agenda.
In either case, prompt action is always in the children’s best interest.
How We Help
We assist parents in these difficult situations by:
- Making urgent attempts to contact their ex-partner to negotiate the recovery of a child or to negotiate new parenting or access arrangements.
- Making Urgent Court Applications for Recovery Orders.
- Making Court Applications for Orders to assist with the locating of children, where necessary, including Location Orders, Commonwealth Information Orders and Publications Orders.
A Recovery Order is an order of the Family Court that can require that a child be returned to:
- A parent of the child,
- A person who the child lives with in accordance with a parenting order,
- A person who the child spends time with or communicates with in accordance with a parenting order, or
- A person who has parental responsibility for the child.
You can apply for a Recovery Order if you are:
- A parent of the child,
- A grandparent of the child; or
- A person concerned with the care, welfare and development of the child.
The Court will make a Recovery Order if it is in the best interests of the child to do so.
If the Court considers that your child should be returned to you, the Court will provide the person who removed your child with the opportunity to agree to Court Orders for the child to be returned, including Orders for when and how the child is to be returned. If the other person does not agree to return your child, then a Recovery Order will be made.
A Recovery order will usually authorise the Australian Federal Police to do all things necessary (including using force) to recover the child from the person who has retained the child and will prohibit that person from removing the child again.
What if I was the one who kept the kids?
Sometimes parents choose to retain their children for good reason.
If you have decided to keep the children, contact us today as you may need to file an Application with the Court seeking Orders that the children live with you.
If you have been served with an Application for a Recovery Order by your ex-partner seeking that the children be returned to them you will need to respond to the application and attend the Court hearing.
Our Family Lawyers are able to assist with drafting your Application or Response and supporting Affidavits and representing you in Court.
How We Charge
We offer flexible fee structures and payment arrangements for our clients including:
- A once-off fixed fee initial consultation to get you started in Family Law,
- Hourly rates or negotiated fixed fees for each stage of your matter.
Our Family Lawyers will discuss our fees and charges with you and will provide an estimate of the fees and charges likely to arise in your matter.