When a child is wrongfully withheld or removed from their parent, Recovery Orders serve as an essential legal tool for ensuring the child’s safe return. These orders give authorities, such as police officers, the power to take necessary actions to locate and recover the child. Additionally, Recovery Orders may include temporary directives for the child’s care until they can be safely returned to their rightful guardian.
A recovery order is defined in section 67Q of the Family Law Act 1975. It is an order of the Court that can require a child be returned to a:
A recovery order can also prohibit the person from again removing or taking possession of the child. In these cases, a recovery order can authorise the arrest (without warrant) of the person who again removes or takes possession of the child. You can apply for a recovery order if you are:
In urgent cases such as this, we are able to act very quickly to make an application for a recovery order – often on the same day.
In New South Wales (NSW), parenting orders are legally binding and enforceable by the Family Court of Australia. If parenting orders are broken (breached), the following steps and consequences may apply:
Try to Resolve the Issue Amicably
Parents are encouraged to try to resolve the dispute through communication or mediation before escalating the matter legally. This can prevent unnecessary conflict and court involvement. If mediation fails, parents can turn to the court.
Filing a Contravention Application
If a parent believes the other has breached the parenting orders without a reasonable excuse, they can file a Contravention Application in court.
The court will review the situation and determine whether the breach is genuine and unreasonable.
Reasonable Excuses for Breach
The court may accept a breach if there’s a reasonable excuse, such as:
A genuine concern for the child’s safety or well-being (e.g., illness or threats of harm). A belief that the breach was necessary to protect the child from harm.
Consequences of Breaching Parenting Orders
If the court determines there’s been a breach without reasonable excuse, consequences may include:
Counseling or education programs: The parent may be ordered to attend programs to improve parenting or compliance.
Make-up time: The parent who missed out due to the breach may be granted extra time with the child.
Fines: The court may impose a financial penalty.
Community service: The breaching parent may be required to perform unpaid work.
Compensation: The breaching parent may need to pay the other parent’s legal costs or other financial compensation.
Imprisonment: The court can order a prison sentence in extreme cases or repeated breaches.
Court’s Focus on the Child’s Best Interests
The court prioritises the child’s best interests when dealing with parenting disputes.
Parenting orders can also be varied or updated if they no longer serve the child’s needs or circumstances have changed significantly. This ensures that the arrangements for the child remain relevant and supportive as they grow and their lives evolve.
Urgent concerns about your child’s safety or location in Australia? Foye Legal acts swiftly to pursue recovery and location orders through the Family Court. We prioritise your child’s immediate well-being. Contact us for urgent legal assistance.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
If you have serious and immediate concerns for your child’s safety or well-being, you can apply to the Family Court of Australia for urgent orders. This might include an order for the child’s immediate recovery (if you believe they are at risk) or other protective measures. You should also consider contacting the police if you believe the child is in immediate danger.
The Family Court of Australia has powers to make location orders to help find a child when their whereabouts are unknown, or recovery orders to direct that a child be returned to a specific person’s care. You must provide the court with as much information as possible about the child’s potential location and the reasons for your concern.
When seeking urgent recovery or location orders, you should provide the court with detailed information about your concerns for the child’s safety or well-being, the circumstances of how the child’s location became unknown or why they are being withheld, any known or suspected locations, and any relevant history, such as previous disputes or safety concerns. Any supporting evidence, like communication or witness statements, will also be helpful.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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