While there are many reasons for wanting to relocate, this does not give a parent the right to simply relocate without the other parent’s permission or an order from the Court when children are involved.
Our family law team in Perth and Joondalup understand the importance of having a say in where your child lives and ensuring you can maintain a strong, healthy and meaningful relationship with your children.
What is a recovery order?
A recovery order is an order made by the court requiring the return of a child in circumstances where a party has relocated with the child without the other party’s permission or an order form the Court.
Who can apply for a recovery order?
A recovery order in relation to a child may be applied for by:
- a person with whom the child is to live, spend time with or communicate under a parenting order;
- a person who has parental responsibility for the child under a parenting order;
- a grandparent of the child; or
- any other person concerned with the care, welfare or development of the child.
How long do recovery orders take?
An application for a recovery order will be listed for an urgent listing, which may even be on the same day as the application for a recovery being filed.
After hearing the application, the Court may make an order which allows or requires a person to return the child to you at a designated time and place. In some cases, the Court may make an order which authorises or directs a person or persons, such as police officers, to take appropriate action to find, recover and deliver the child to you.
Can I stop a recovery order?
Stopping a recovery order will depend on various factors, such as:
- The reason for relocating (e.g. financial improvement, greater professional opportunities, career advancement, improved lifestyle, stronger family support base and re-partnering or future marriage).
- The age of the child or children.
- The needs of the child or children.
- Whether there is a possibility for both parents to relocate.
In deciding whether to make a recovery order, the Court looks at at what is in the best interests of the child as the most important (but not the only) consideration.
My ex partner has taken my children overseas, can I get them back?
Australia has an agreement with some countries to return abducted children to their country of usual residence.
See a full list of the countries that are part of the agreement with Australia here: http://www5.austlii.edu.au/au/legis/cth/consol_reg/flr1984223/sch4.html.
If you ex partner has taken your children to a country that forms part of the agreement with Australia, then it is possible to obtain an order in an Australian Court that can be enforced in that country.
How can CS Legal help with recovery orders?
Our Perth and Joondalup family lawyers can assist you in making or responding to an application for a recovery order. Time is often critical and our team has the resources and capability to work 24/7 if necessary to ensure you get the legal support and advice you need.
Our team understands the urgency of these situations. We will handle your matter with sensitivity and responsiveness, giving you comfort and confidence during this emotional and stressful time.