Perth Family Law Child Abduction

August 12, 2014 – at 3:42 am – by Bodekers Family Lawyers
Child Recovery

Parental child abduction is when a parent takes, detains, or conceals a child from the other parent. For example, a parent may remove a child from their usual residence without informing the other parent. Further, that parent may prevent contact between the child and the other parent.

Parental child abduction may occur after parents have separated. Sometimes another family member assists the abducting parent to abduct the child.

In some cases, a parent abducts a child who is the subject of custody orders by the Family Court. This may occur in violation of custody orders made by the Family Court.

Parental child abduction can include a parent relocating a child to another country. If done without permission, this is serious.

We have specialised in child abduction cases for many years. This area of family law is serious and complex. If you believe your child is at risk of child abduction you should contact us right away.

Recovery Order:

The Family Court may resolve child abduction through a recovery order.

A recovery order is an order of the Family Court. It directs a person/s to take appropriate action to find, recover and deliver a child to a person. A police officer may carry out a recovery order.

You can apply for a recovery order if you are:

  • a person who the child lives with, spends time with or communicates with as outlined in a parenting order
  • a person with parental responsibility for the child as outlined in a parenting order
  • a grandparent of the child
  • a person concerned with the child’s care, welfare and development. For example, you may be someone who the child lives or spends time with but this is not outlined in a parenting order.

A recovery order can require that a child is returned to a:

  • parent of the child,
  • person who has a parenting order that states the child lives with, spends time with or communicates with that person,
  • person who has parental responsibility for the child.

Further, a recovery order may include instructions on the day-to-day care of the child until they are returned.

Child abduction & Child/s Passport:

You may be able to prevent a child from being taken overseas.

Under the Family Law Act 1975, the court may recognise a “possibility or threat” that a child may be removed from Australia. In this instance, it may order the handing over of travel documents.

If you have concerns about the child leaving Australia without your permission, you should contact us right away. This includes if a parent or other party is a flight risk to your child. Child abduction instances are serious and urgent. It is best to contact us via email setting out as many of the background facts as possible.

Prevent the issuing of a child’s passport:

If you hold concern about an Australian passport being issued for a child, we can help you

Options include:

  • lodging a Child Alert Request at any Australian Passport Office,
  • apply to the Court for a child alert order.

We can guide you through these processes, or complete them for you.

When to contact us:

If you are concerned about the child relocating without your permission, you should contact us right away.

Child relocation and abduction can be very complex. We therefore recommend you seek legal advice from one of our experienced Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker. Ms. Bodeker has been working in family law for over 20 years.

Prior to your first family law appointment, you may send us an email, fax or similar, outlining your situation. You can include as much detail as you like. We read this information on a complimentary basis before your first appointment. We get to know you and your family law matter before we meet.

This is not family law advice. It is important to seek advice specific to your circumstances. We are experienced Perth family law solicitors and can provide you with the best legal advice regarding child relocation and abduction.

Contact Bodekers Family Lawyers & Mediators by phone (08) 9323 7711 or email shannon@bodekers.com.au for your free pre-read and first appointment at a reduced flat rate.