The Covid-19 pandemic is creating daily challenges for everyone. We remain open to assist you 24/7 and have systems in place to attend to your Family Law matter during this time.
My child has been taken. What can I do?
If you are concerned that the other parent of your child, or other related person has relocated with your child or is withholding your access to your child contact Fourtree Lawyers as soon as possible and seek advice as to your options to recover your child. If you suspect that your child is at immediate risk of harm you should telephone 000.
What is a Recovery Order?
Under the Family Law Act 1975 a court may make an order requiring the return of a child to a parent, a person with whom the child lives, spends time with or communicates with under a parenting order, or a person who has parental responsibility for the child.
The best interests of the child is the paramount consideration when the court decides whether to make a recovery order. The primary factors include the benefit of the child having a meaningful relationship with both parent’s and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence. Greater weight will be given to the protection of the child from harm.
Who carries out a Recovery Order?
The Recovery Order is generally issued to the Australian Federal Police, who then provides the information to the Local Area Command police unit where the child is located. The court can authorise or direct a person to stop and search any vehicle, vessel or aircraft, and to enter and search any premises or place to find a child. Force may be used if necessary.
The Recovery Order remains in place for a period of 12 months or until the child is returned. Notice of the child’s return must be given to the Registry Manager of the court that issued the recovery order and if a location order is in force the person to whom the location order applies.
The court can give directions about the day to day care of a child until the child is returned. The court also has powers to prohibit a person from taking the child again and authorises a person to be arrested without warrant if they do so.
How do I arrange a Recovery Order?
To seek a recovery order you will need to either have current court proceedings in the Family Court of Australia or the Federal Circuit Court of Australia on foot, or otherwise commence court proceedings. Fourtree Lawyers are able to assist you in drafting your court documents which can include either an Initiating Application if you are commencing court proceedings or an Application in a Case if you have proceedings on foot, an Affidavit and Notice of Risk.
What happens after a Recovery Order is made?
The court may specify in the recovery order a time, date and location for the child to be returned. If changeover of the child does not occur at the time specified then the Australian Federal Police recovery will issue and the child may be recovered by the police.
Location Orders, Commonwealth Information Orders and Publication Orders
If you do not know where the child is located the court has the power to make location orders, Commonwealth information order and publication orders. You will need to either commence proceedings or have proceedings on foot in the Federal Circuit Court of Australia or Family Court of Australia. The best interests of the child are the paramount consideration when making a location order.
What is a Location Order?
A location order is an order for a person to provide the court with information the person has about the children’s location. The person is generally someone known to the person, including family members and/or friends.
What is a Commonwealth Information Order?
A Commonwealth information order is an order to a Secretary of a Commonwealth Department to provide the court with information about the child’s location that is contained in records of the Department. A common government department to be ordered to disclose a person’s location is Services NSW as they hold Centrelink, Medicare and Child Support information.
What are Publication Orders?
Under the Family Law Act it is an offence for any person to publish to the public any account of any proceedings, or part of any proceedings that identifies a party to the proceedings, a person related to or associated with the proceedings or concerned in the matter or a witness in the proceedings.
However, in the event of a missing child, the Court has the power to issue a publication order so that details of the missing child can be published in the media, such as in newspapers or on websites, with the details of the publication to include the names of the mother, father and child, their dates of birth, photographs and description, that a recovery order had been issued, their last seen address and a request for information as to their whereabouts.
After the child has been recovered the publication or broadcaster is permitted to provide a report of the recovery and the role it played in the recovery.
Publication orders are generally a last resort when attempting to locate a child and are used when other options such as recovery orders and location orders have not been successful.
We are here to help
Our Family Law Solicitors specialise in child recovery matters and represent clients throughout Sydney, the Central Coast, Newcastle & Hunter Regions. We have the experience and understanding to guide you through the process from beginning to end and to get you the best possible outcome.
The Family Law Team at Fourtree Lawyers have had experience with both successfully having children recovered under a recovery order and opposing recovery orders made by another party. Contact one of our Family Law Specialists on 1300 529 444 of fill in a contact form to arrange a free conference with a solicitor today.
MORE READING -
- Affray & Public Violence
- APVO | ADVO
- Assault Offences
- Bail Applications
- Break & Enter
- Centrelink Fraud
- Criminal Appeals
- Contravene | Breach AVO
- Destroy | Damage Property
- Drug Offences
- Fraud Offences
- Larceny & Stealing
- Legal Aid NSW
- Murder | Manslaughter
- Offensive Behaviour
- Resist | Assault Police
- Section 10 Dismissal
- Section 32 Defence
- Sexual Assault
- Stalk | Intimidate
Easy to deal with, clear communication and understanding, thanks for your help.
My partner and I will always be thankful that we chose Fourtree Lawyers. Kevin represented us throughout a Children’s Court case. He showed nothing less than a professional outlook on the case, yet also was very compassionate. Without the help of Kevin, we wouldn’t of had the best possible outcome. We will forever be appreciative of what Kevin has done for our family. Affordable prices with great results. If we ever need legal advice, or representation, our first call will be Fourtree lawyers.
I just wanted to say thank you for all of the help and support you have given me throughout my family law settlement. It was the worst year of my life, but you helped me feel confident that it was all going to work out OK in the end. You calmed down the heated negotiations and managed to get a fair outcome without going to court. The kids are all happy and settled in a safe new environment, and I can get on with my new future.
After three long years, my international family law matter was going nowhere, despite spending tens of thousands of dollars with an overseas law firm. I engaged Kevin Vierboom from Fourtree Lawyers to help me in bringing this nightmare to an end when it became apparent I was going to lose my job. He reviewed my case, distilled the issues and escalated the negotiations. I am very relieved to say that it’s finally over.
From the first phone conversation Fourtrees gave us the confidence and reassurance that that our matter would be handled with professionalism and an outcome we were hoping for. The submissions given outlined how we felt and defended our matter perfectly. We couldn’t be happier with the care and comfort we received. We would recommend Fourtrees to anyone needing legal advice & will use Fourtrees for all and any of our future legal matters.