Recovery Order and Child Abduction FAQs

May 25, 2016 – at 4:26 am – by Bodekers Family Lawyers

Recovery Order and Child Abduction FAQs

What is a recovery order?

In Perth Family Law mothers and fathers can ask the Family Court of Western Australia for a recovery order when their child has gone missing. This is a recovery order. 

A recovery order may:

  1. Require the return of a child to an authorised person
  2. Authorise or direct someone to search any vehicle, place or premises for the purpose of finding a child
  3. Authorise or direct someone to recover a child using reasonable force
  4. Give directions about the day-to-day care of the child until returned
  5. Prohibit a person from again removing or taking possession of a child
  6. Authorise or direct someone to arrest a person who again removes or takes possession of a child

What is the process of recovery order ?

In Perth Family Law the Family Court of Western Australia has a process for recovery orders. Family Court documents need to be prepared. Recovery order family law can be complex.  If you need a recovery order it is important to seek urgent family law advice from a very experienced family lawyer.

Can I apply for a recovery order if I have a parenting order?

The following people with a parenting order from the Family Court may apply for a recovery order:

  1. A person with whom the child is to live
  2. A person with whom the child is to spend time with
  3. A person with whom the child is to communicate with
  4. A person who has parental responsibility for the child

Can I apply for a recovery order without a parenting order?

The following people may apply where no parenting order applies to them:

  1. A parent
  2. A grandparent of the child
  3. Any other person concerned with the care, welfare or development of the child

How does a court decide whether to make a recovery order?

Section 67C of the Family Law Act 1975 outlined how the Court decides whether to make a recovery order.

In deciding whether to make a recovery order in relation to a child, a court must regard the best interests of the child as the paramount consideration.”

Do police get involved in family disputes ?

Yes, in recovery orders made through the Family Court of Western Australia the police may need to be involved.

This can be traumatic for children. Therefore, you may need to seek legal advice about a recovery order before involving police in family law.

Doesn’t the child have the right to have a relationship with their parents?

Yes, children have both the right to have a meaningful relationship with each parent and the right not to be harmed.

The court may be required to weigh these rights against each other when deciding whether to order one parent to return the child to the other.

The Family Law Act 1975 provides that where these two rights conflict, the court is to give greater weight to the need to protect the child from harm.

How we can help

Child abduction and recovery orders are a complex area of family law.

If your child has been abducted or relocated without your permission, you should seek advice from a legal professional.

We invite you to discuss your matter with our Legal Practitioner Director Shannon Bodeker. Shannon has extensive experience in child abduction and recovery orders. Our team can work quickly to file a recovery order in a cost-effective manner.

Before your first appointment, you may send us an email, fax or similar outlining your situation. We read this before meeting you so that you can save time and costs in your first appointment. For more information regarding our complimentary pre-read please visit our child recovery free pre-read page.

Contact us below to secure your complimentary pre-read and first appointment at a reduced rate. Or email our Legal Practitioner Director, Shannon Bodeker at info@bodekers.com.au.