If you're involved in a situation where your ex has refused to return your children to you or taken them away, you may need to seek a Recovery Order through the Federal Circuit & Family Court of Australia. This urgent Court Order is designed to ensure the return of your children to their primary carer.
What is a Recovery Order?
A Recovery Order is a legal Order issued by the Federal Circuit & Family Court when a child is unlawfully taken or retained by a parent or third party. The Order mandates that the child be returned to the primary carer and it is commonly used in cases where one parent refuses to return a child after a visit or relocates the child without consent.
The Court's primary concern is the best interests of the child, including their safety and welfare. Key factors the Court will consider include the child's safety and risk of harm, existing parental arrangements and the child's existing relationships.
What to Do if you're Seeking a Recovery Order
If you're the parent seeking the return of your child, you will need to file an urgent application with the Federal Circuit & Family Court. The Court will ordinarily act quickly, especially if there is concern for the child’s safety or if the child has been taken interstate or overseas.
In your application, you will need to prove that the current parenting arrangement is not being adhered to, and that your child being returned to you is in their best interests.
What Happens if you’re the Parent Facing a Recovery Order?
If you're facing a Recovery Order, it’s crucial to understand the legal consequences of not complying. Failing to return the child as ordered by the Court could result in serious penalties, including contempt of Court, Cost Orders and may also impact your future custody or visitation rights.
If you need legal advice or assistance with a Recovery Order, don’t hesitate to contact Londi Gramelis and her experienced team at First Choice Family Lawyers.
Contact us today:
Phone: 02 9579 5555
Email: info@firstchoicelaw.com.au
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