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Recovery Orders – Case Study.

Recovery Orders

Alliance has recently had some great successes in obtaining recovery orders which returned the children to their resident parent after separation and/or divorce, if the child or children have been removed by the non-resident parent. Read on to hear about one of our recent cases, and to learn how to avoid needing one in future.

In our example case a non-resident parent removed the child without warning from the child’s home. As no custody or parenting orders were previously in place (the parents having an informal agreement), the resident parent was unable to get a quick and easy solution to the return of the children.

By this I mean, if the resident parent had parenting orders that say ‘Little Susie lives with Parent A most of the time, and with Parent B on these specific nights: Tuesday/Thursday and Sunday”, then it would have been relatively straightforward to get little Susie back with Parent A once Parent B took them, for example, on a Monday.

Alliance went to court to obtain a recovery order after filing an affidavit with the most relevant facts, an application, correspondence to the court seeking urgency, and a notice of risk of abuse, together with other relevant paperwork. Mediation was not required due to the urgency element. We argued successfully that the child’s principal residence had been with the mother for a year, and the father had barely seen the young child.

A recovery order was made that the child be returned to the mother, with the father to have very limited time. We submitted that the father’s behaviour in removing the young child from its home showed a lack of insight into the child’s needs. The effect on all parties was quite strong, not only each parent, but the child of course, and the grandparents.

Recovery Orders – How You Can Avoid Needing One.

To avoid the need for a recovery order we recommend for all parenting cases, even where the parents may appear to be in agreement, to record the arrangement either with a parenting plan (a mediator can help with this) or with consent parenting orders. If our client had had either of those documents, they would not have incurred the costs of recovering the child. The father’s future parenting case was also damaged, as the judge made findings that he lacked insight into the child’s developmental needs.

Children and Parenting Orders.

Your children are the most precious thing in your life.  Their needs must come above yours and those of your husband, wife or partner. Children must always be your primary consideration during your separation and later on when you divorce. Everything needs to be about supporting them as you sort out your affairs. Family Law deals with parental responsibility, and where the children live. 

We can help with parenting arrangements after separation and divorce, whether it’s simply advising about a child’s rights under the Family Law Act to have a relationship with both parents and significant others. We can assist in drafting and negotiating a Parenting Plan or Consent Orders, or if you need to go to court. For more about children and parenting orders, visit our website.

Recovery Orders – Contact Alliance Family Law

If you are in agreement about parenting matters, talk to our expert team at Alliance Family Law located in Canberra with expert lawyers also in Victoria and NSW, to convert these into a written parenting plan or consent orders.

For more information about recovery orders, please see the Federal Circuit Court and Family Court of Australia website.

If you need help with any family law matter, call the experts at Alliance Family Law on (02) 6223 2400. Our contact page.


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