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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

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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.

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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.

Dispute Resolution

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.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through your divorce.

Forge Legal’s divorce lawyers are specialists in all areas of family law and can assist you with all legal matters in your divorce/separation.

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