School Holidays – Recovery Order – Return of a Child – Child Custody

April 14, 2015 – at 5:18 am – by Bodekers Family Lawyers
If your child has not been returned to you after school holiday visits with the other parent (or another person) there may be a range of law that may be important for you and your child in family law.

Here is just a sample of law that may be relevant to you when you are trying to get your child back to your care.

Recovery orders

You may need a recovery order to have your child returned to live with you.

A recovery order is a court order from a court such as The Family Court of Western Australia in Perth that can require a child to be returned to you if you are:
  • a parent of the child,
  • a person who has a parenting order that states the child lives with, spends time with or communicates with you, or
  • a person who has parental responsibility for the child.
A recovery order may direct the police to return your child to you and state how a child is to be cared for.

A recovery order may prevent the person who removed your child from your care from again removing your child.

A recovery order may direct the arrest of the person who again removes or takes possession of the child.

You can apply for a recovery order if you are:
  • a person who the child lives with, spends time with or communicates with as stated in a parenting order,
  • a person who has parental responsibility for the child in a parenting order,
  • a grandparent of the child, or
  • a person concerned with the care, welfare and development of the child even if you do not have a court order.
If you are coming to see us for a family law appointment so that we can prepare an application to have your child or children recovered we invite you to email us a background of information and instructions that we would usually take in the first appointment/s.

Of course we will read this on a complimentary basis and it will save you appointment time.

You may like to talk about the following things in your background pre email.

Tell us about the relationship between you and the person that you think your child is with.

Tell us about any court hearings that may have already occurred and email us any documents or orders from the Family Court or filed in The Family Court of Western Australia or in other states or countries.

Tell us about your child and where he/she normally lives, goes to school and other things your child normally does when living with you ie tell us about their daily routine.

If you know of any information about how and when your child was taken or not returned let us know. Use dates, names and places.

If you think you know where your child may be and why you think they may be there please tell us.

Tell us all about the things that you have done to have your child returned to your care. Please use dates and be as specific as you can be.

You should tell us why you think the court will see that it is your child’s or children’s best interests to be returned to your care to live with you.

Tell us what you think will happen to your child or children if the order is not made.

You can tell us anything that you think may be important for the best interests of your child or children.

This blog is not legal advice. Legal advice should be obtained from a very experienced family lawyer in a long-established firm.