recovering your child from the other parent
where to apply
A child who has not been returned or delivered by the other parent may be recovered through a recovery order. When parents separate or divorce their responsibility towards their child is usually governed by a parenting order from the court.
The order will specify the parenting arrangements for the child including who is the primary carer of the child and where the child will primarily live. Taking the child to another place without the permission of the other parent is contrary to a parenting order which may subject a person to charges for breach of a court order or abduction of a child.
How to recover your child
A parent whose child was taken without his permission may apply for a recovery order in accordance with Section 67Q of the Family Law Act 1975. The recovery order will require that the child be returned to the parent; person who was designated in the parenting order that the child will live, spend time or communicate with him; or, person who has parental responsibility over the child.
The order can authorize the police officers to find, recover and deliver the child to the appropriate persons. Further removal or taking of the child may be prohibited through a recovery order. The order may also state that the other parent will be immediately arrested if he again takes the child without permission.
An application for a recovery order may be filed with a Federal Circuit Court or with the Family Court that is hearing a pending parenting case.
- Person who has the parental responsibility over a child in a parenting order;
- Person with whom the child lives or the child communicates or spends time with based on a parenting order;
- Grandparent of the child; or
- In the absence of a parenting order, any person who is concerned for the care, welfare and development of a child.
There is an application form with the court that must be filled up. In this form the applicant must state the orders he is asking from the court. The statements in this form must be very specific. An affidavit must also be attached to the application. The application form/affidavit must state the following details:
- The residence of the child;
- The specifics of how the child was taken or not returned such as where, when and what time;
- The measures taken in finding or recovering the child;
- Your belief or suspicion where the child might be found;
- Details about previous parenting orders, court orders and hearings;
- Details about the relationship of the applicant and the child with the person who took the child;
- The damage or injury caused if the child will not be recovered and if the court will not issue the order;
- The best interests of the child to be returned.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.