Recovery Orders

by | Jun 15, 2016 | Divorce, Parenting / Custody

If you are a child’s primary carer, or a child is meant to be spending time with you and they are withheld by the other parent, you may need to consider recovery orders.

Recovery orders may be sought from the Federal Circuit Court of Australia for the child to be returned to you if you are one of the following:

  1. A parent of the child;
  2. A person who has a parenting order stating the child is to live with you, spend time with you or communicate with you; or
  3. A person who has parental responsibility for the child.

 

If you fall into one of the above categories, you may be successful in achieving a recovery order.  In accordance with section 67Q of the Family Law Act, the order can do the following:

  1. Authorise or direct a person or persons, such as police officers, to take appropriate action, including by force, stop and search any vehicle or enter any premises, with the view to recovering and delivering the child to another person;
  2. Give directions about the day-to-day care of a child until the child is returned or delivered to another person;
  3. Prohibit a person from again removing or taking possession of a child;
  4. Authorise or direct a person to arrest, without warrant, a person who again removes or takes possession of a child.
The question of how recovery orders can authorise or direct people is a legitimate one. An authorisation or direction may be addressed to a specifically named person or every person from time to time holding a specified office, such as all police officers.

 Recovery Orders Children

[wc_highlight color=”red”]Recovery Orders – frequently asked questions…[/wc_highlight]

How long do recovery orders remain in force?

A recovery order remains in force for the period specified in the order, or 12 months, whichever is the shorter period.

What happens if someone prevents or hinders a recovery order?

In the event that someone prevents or hinders a person authorised to take action in accordance with a recovery order, and the Court is satisfied that the person has done so intentionally and without a reasonable excuse, the Court may do any of the following:

  • Order the person to pay a fine; or
  • Order the person to undertake a bond to abide by particular conditions specified by the Court; or
  • Order the person to be imprisoned until they undertake a bond to abide by particular conditions specified by the Court; or
  • Make any other Order as the Court considers necessary to ensure the person does not prevent or hinder the Order again.

How do I apply for a recovery order?

 An application for a recovery order should be filed in the Federal Circuit Court of Australia.  If you already have parenting proceedings that have been commenced previously, the application should be made in the same registry.  If you don’t have parenting proceedings on foot, a parenting order should be applied for at the same time as applying for a recovery order.

 

Before applying for a recovery order, always seek legal advice. The information provided here is of a general nature only and does not constitute legal advice.

For further information and advice on recovery orders, contact us on (02) 8999 1800.  We have expertise and knowledge and will give you and your family peace of mind in these matters.