the family law act does not explicitly provide the rules on relocation
This legal action is unusual, but is necessary in most cases. In truth, even if you ask some legal luminaries, there is no clear idea since; this legal relief afforded to victims are only done in extreme cases.
In many family disputes, relocation of the family members who are subjected to violence, physically, either mentally or emotionally can be granted by the courts, after court litigation. Most often support groups assist this relocation because this is rather a complicated set-up among family members who are caught in a legal quagmire.
In fact, the Family Law Act does not explicitly provide the rules and procedures on relocation and recovery order to be granted to petitioners who are usually minor children and their parent or guardian.
The legal remedy of Relocation and Recovery is granted to a child who is usually subject of domestic violence and who seeks to be relocated to another place in order to be safe and secure from the offender. In most cases, the mother or the guardian will file a petition in court to be protected from the assailant.
These relocation disputes are determined and decided in accordance with the evidences submitted to court. This legal remedy is accorded in order to protect a parent, guardian and the minor children at the risk of family violence, physical, emotional and psychological harm that could affect the personality of the subject minor.
In recovery orders, this happens when a guardian also seeks to recover a child from the possession of a person, parent or even a relative who is complained of family violence against a minor child in his custody. The court again ensures that the welfare of the child will always be prioritized.
Thus, in this kind of situations, the best way to avail of a relocation and recovery order is to seek a legal petition in court. This petition should include all the details of the case and the witnesses to prove the allegations of the petitioner, in order to be granted the relocation or recovery order.
Today, because it has been found out that these situations of family or domestic violence is common and many victims are left with no recourse when they are trapped in a domestic violence situation. Thus, there are legal moves from the legislative sector to include provisions in the Family Law Act to provide adequate measures for victims in order to be saved immediately from this kind of ordeal.
There are many issues in the relocation and recovery order and that of protection order in cases where a minor child is involved. Many people misunderstand this remedy as the same relief provided by court. However, in the real sense, there is a difference because in relocation, there is really a need to transfer the minor child from one place to another, whereas, in protection orders, the child may stay in the same area and be protected by authorities from the offender.
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.