How does domestic violence affect child custody?
Parenting orders and domestic violence orders: what to do when they conflict or when they are no longer appropriate.
Child Recovery Order
Child recovery orders can be made by the Family Law Court whether or not existing court orders are in place regarding custody.
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child recovery orders
Explaining what child recovery orders are
If you and your partner have a parenting order in place and your partner does not return your child to you as per the terms of the order, you can apply to the court for a child recovery order. We can assist you in understanding if what you are going through might be helped by a child recovery order.
Helping you understand the process of child recovery orders
The child recovery order process may seem confusing, but we can help you understand the steps required, from talking with the other parent, filing an application in court, obtaining an affidavit to execution of the child recovery order and the return of your child or children.
Assisting you in understanding your rights
It is important that you understand the rights of each party during the child recovery order process to ensure the process progresses smoothly. A family lawyer can guide you through what rights you have in relation to your child so you can resolve the situation as quickly and stress free as possible.
Helping you apply for or change a child recovery order
If you are considering applying for or changing a child recovery order, we can help you through the legal process. We are committed to ensuring you understand what is required of you and how it will impact your child, so we will explain all the complex legalities in simple language.
Frequently asked questions
Under the Family Law Act 1975, a child recovery order is an order of the court requiring a child to be returned to either the child’s parent, an individual who has a parenting order that states the child lives with, spends time with and communicates with that individual, or an individual who has parental responsibility of the child.
Any individual can apply for a child recovery order so long as they are either an individual the child lives with, spends time with or communicates with as stated in a parenting order, an individual who has parental responsibility of the child as stated in a parenting order, a grandparent of the child or an individual concerned with the welfare and care of the child.
For serious matters, child recovery orders can be processed immediately. For less serious matters, they can take a week or more. However, the court generally prioritises cases involving children and schedules the court date as soon as possible.
With any situation involving children, the court’s foremost consideration will be what’s in the child’s best interests. The interests of the child are also considered when determining whether or not law enforcement is required in the case. Other factors considered by the court include disruption of the child’s primary care and whether the child is at risk.
It is important to act quickly if you are going to apply for a child recovery order, because if you act too slowly, the court might decline your application. If you delay your application, the child can become settled into its new routine, making it harder for the court to determine if it is in the child’s best interests to return home to you.
Once the application for a child recovery order has been approved and both parents were present at the court hearing, generally a date for which the child must be returned to the individual who applied for the order will be set.
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Parenting arrangements for children up to school age
There are many factors that should be considered when determining an arrangement that is best for your children.
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