Urgent Parenting Matters

Urgent recovery orders and matters of urgency pertaining to parenting matters arise on a regular basis. One specific incident that requires recovery orders is when a parent unilaterally withholds and does not return a child or children without the consent of the other parent. Scenarios occur where a parenting arrangement exists and the children are delivered to the other parent in good faith, yet when the time comes to return the child/children this does not occur.

Parents in this situation must then use the Court process to assist them with the recovery of their children. Under the Family Law Act 1975 (Cth) the Court has the power to issue recovery orders to the Federal Police to retrieve the child and return the child to a parent. Recovery orders can be issued to do any of the following:

1. Require the return of a child to a parent whom the child lives with or has time with or whom has parental responsibility;

2. Authorise and/or direct a person by force if required to stop and search any vehicle, vessel or aircraft and to enter and search any premises, to locate the child;

3. Authorise and/or direct a person to by force and assistance if necessary, to recover a child;

4. Authorise or direct a person to whom a child is returned, or who recovers a child, to deliver the child to a parent of the child, a person with whom the child lives with, spends time with, communicate with or have parental responsibility of the child.

5. Give directions about the day to day care of a child until the child is delivered to another person;

If you need urgent legal advice, contact Cominos Family lawyers today on 02 8999 1800.