Federal Circuit Court issued a Child Recovery Order to help in the search for the missing teen
The ongoing search for the missing teen who is involved in a family dispute case had received the preferential attention of the Federal Circuit Court when it issued a Child Recovery Order. The said order will help the family of the 15 year old boy, more particularly his mother, in locating him.
In the family dispute lodged before the court, an order was issued stating that the said teen will reside with his mother.
The Court has issued a statement that the said teen was missing since the first week of December, and they are inclined to believe that he is residing with his father in the western suburbs of Melbourne. However, they are more likely to be travelling to Sydney since the local authorities are already searching their location in Melbourne.
It was also reported that no court order was issued to allow the teen to reside with his father. The police in the territory and state have been mandated to return him to his mother as soon as he is found.
Recovery Order is an order issued by the Court, which obligates and mandates the finder to return him to his parents or any person who has parental responsibility for him. Under section 67Q of the Family Law Act 1975, Recovery Order is issued by the Court, which requires any person who finds the child subject of the order to return him either to his parent, person who has a parenting order, or person who has parental responsibility.
It also authorizes and directs a person, which can be the local authority or the police officers, to make the necessary and proper actions in finding the child, recovering and delivering him to the persons identified in section 67Q.
The said order may include the instructions with regards to the daily care and rearing of the child until he is returned. Recovery order may also include a prohibition against any person from taking the child. In this case, the person who takes the child may be arrested even without a warrant.
Persons who may apply for a child recovery order can be any of the following:
- Person who lives with the child and spends time with him pursuant to a parenting order;
- Person who has parental responsibility over the child;
- Grandparent of the child;
- Person who is concerned with the rearing, care, welfare and development of the child.
Application for the said order must be filed in the Federal Circuit Court. In the case when a parenting order has already been issued by the Family Court, the application must be filed with the same court.
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.