If there is a parenting order in place and one parent does not return the child to you then you can apply to the Court for a recovery order. A recovery order will say that the child should be spending time with you and is enforceable by the police and other authorities.
If you don’t have parenting orders you can apply seeking parenting orders at the same time of the recovery order. Where there is a risk to the child or risk of the child being removed from the jurisdiction, an urgent application may be required.
Where the application is applied as urgent, a number of other documents need to be filed in addition to the usual application and case information affidavit; and on the basis of facts set out the court will determine the urgency of the matter and list it for hearing accordingly.
Where a child is not being returned, and the party is aware of the child’s and other parents’ location the starting point is to request either directly or through family and friends the return of the child.
If the other parent is not receptive to your reasonable request or you are unaware of the location of the child and the other parent, a location and recovery order can be applied for. Where the order is made it usual that the police and other law enforcement agencies are directed to locate and where necessary recover the child.
We have the experience and are able to assist you with such orders. So, if you are in a situation where the other parent is refusing to return the child or you are unsure of the child’s location contact us for assistance.
If the matter is in court, and application for locating of child and/or recovery is made as part of the existing application. If there is no application, then an application is made for orders overall and included in the application by way of interim orders is an application for a recovery order.
An application for recovery will usually include a request for the local police force and/or the Australian Federal Police to find and recover the child.
Where an application is made for a locating and/or recovery order, the application is to be supported by an affidavit outlining the circumstances the have led for the need of seeking such an order.
The process can be almost immediate where three is risk of harm to the child or it can take longer if there is no imminent risk of harm to the child but ultimately the need to return the child to the parent seeking recovery.
It is best to seek legal advice as soon as possible to avoid any harm to the chid and to bring an urgent application if there is a need for such application.
Both parents have a say in the how and where the child lives and this includes which state. If a parent has taken the child interstate to live against your wishes you can obtain a recovery order for them to return the child to the state (or territory) you have lived in.
For a child to obtain a passport, both parents must sign the application form. If you do not want your child to leave Australia, you can pre-emptively apply for an order that prevents the child from being issued a passport and leaving the country.
Alternatively, if a party does not agree then the other party can apply to the court to allow them to travel overseas with their child.
Both scenarios require an application to be made to the court.
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