If your ex-partner violates the terms of an established “spend time with” arrangement and does not return your children when required, you may need to ask for legal help in obtaining a recovery order. A competent family lawyer can assist you in preparing an application and affidavit as well as completing all the paperwork that must be submitted for court issuance.
Time Is of the Essence
Normally, recovery applications are dealt with at the utmost speed. Acting quickly is important as you do not want too much time to pass between the alleged breach and applying for the recovery order. Indeed, a quick response is needed, especially if your ex-partner has taken your child or children and has relocated without obtaining your approval.
The recovery order itself is a legal measure that assists in the recovery of children who have been taken or withheld from a parent or individual who is responsible for their care. You can find out more details about the process by researching your options online at such sites as www.cgfamilylaw.com.au.
Besides the recovery order application, you need to support the document with certain details. These details should be noted in an affidavit and may include the following:
- A short history of your relationship with the person who presumably has your child
- A listing of prior law orders or judicial hearings
- Details about the child and his or her usual residence
- How and when the child was taken
- When the child was not delivered
- Where the child may be
- Attempts that you have made to locate the child
- Why it is in the child’s best interest for him or her to be returned
- How the child may be affected if he or she is not recovered
- Other information that is pertinent to the case
Recovering a Child
Naturally, the information that is provided is dependent on the specific case. That is why you need to work with a family lawyer who has experience in this aspect of family law. Because the Court is not a recovery agency, any order the Court makes that authorises another person to locate, recover, and deliver a child must be given to the recovery agent. In most cases, the order is given to the AFP (Australian Federal Police).
Normally, the AFP will not recover a child until the parent or person in charge of a child’s care is near at hand. Therefore, you may need to travel to the recovery location to collect your child. When a child is returned, you need to alert the Court’s registry staff as soon as possible.
In some cases, you may need to obtain the Court’s permission to obtain other orders for locating a child. That is why you must collaborate in these types of efforts with a skilled family law professional.