Monthly Archives: November 2021

An Ultimate Guide of Recovery Order in Australia

Having a problem with the law would be very troublesome and frightening for most people, especially those not familiar with anything related to the law. The process would be so complicated even for those who understand the law. One of the most cases that happen in Australia is divorce. This case is increasing each year, and the primary victim of this case is the children. Most of the children who become victims of divorce are still under 18 years old. The law related to the recovery orders is included in the Family Law Act because it relates to the relationship between family members even though they have divorced. This leads to the recovery orders from parents or people who are responsible for the child or children. If you are new to this kind of case, you should understand first what recovery orders are.

Understanding Recovery Orders

Recovery Orders are Court orders that effectively give police or other authorities authority to return and deliver a child to people who have the right to care for them. The ones who can take care of the child might be the child’s parents, a person who has a parenting order, and a person who owns parental responsibility for them. This order might be made in some cases, such as when the person has no parental responsibility for the child but takes possession of the child or includes some directions as the concern of day-to-day care of the child until they return the child. If you have the child’s responsibility but someone who has no right of the child trying to take possession, you may need this order.

Understanding Who Are Allowed to Apply for Recovery Orders

Even though the recovery order includes the Law Family Act, it does not mean that every family member has the right to take care of the children. The children who are under parenting order must be in the right hand to take care of. Here are some people who can apply for the recovery order.
  1. The first people who can apply this order are the grandparents of the child. If they are materially and physically able to take care of the child, they can use this order to the court.
  2. The person who lives communicates and spends time with the child, and they have the parenting order.
  3. The Third-person who can apply the recovery order is the one who has the right of parental responsibility for the child.
  4. Then, the last person who can apply is a person who is concerned with the welfare, general care, and development of the child under the parenting order.

Understanding How to Apply for Recovery Orders

When you apply for a recovery order in Australia, you have to file the FCC or Federal Circuit Court application. But it will be a different case if you already have a parenting matter in the Family Court. You can directly apply for the parenting order at the same time when you apply for the recovery order if you do not have one. You need to state clearly what orders you wish the court to make. You can find legal assistance to assist you in filling the application correctly. Besides, you have to file an affidavit that includes some important points related to you and the child to support your recovery order. Here are some issues you need to answer correctly.
  1. The relationship background between the child and the applicant.
  2. Family law orders and the previous court hearing.
  3. Who is the current person that takes care of the child currently and where the child lives?
  4. How and when the child was taken away from the applicant.
  5. The child’s current location and why you believe it.
  6. The action you as an applicant already took to locate the child.
  7. Why the child should be returned and delivered to you as an applicant.
  8. What will happen to the child if the recovery order is not granted? Why it will be in the best interests for the child to be with you.
If you need family law lawyers in Karratha, Western Australia. Get in touch with Francis and Associates Lawyers, the best local Karratha lawyers. They provide a free initial consultation for family law.
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