When one parent refuses to return a child to the other, an urgent application to ‘recover’ the child can be made to the Federal Circuit and Family Court.
When making child recovery orders, the main consideration of the Court is whether it is in the best interests of the child to make those orders. The other primary consideration for the Court to determine is whether or not the child is at risk of physical, psychological or emotional harm if the order is not made.
If a recovery order is granted and both parents are present, the Court will normally set a date and time for the changeover of the child to the applying parent is to occur. If the changeover does not happen, the Court may then direct State and Federal police to locate and return the child. The Court does not issue these orders lightly and considers them a last resort.
In serious cases where the applicant parent is alleging an immediate risk of harm to the child by remaining in the care of the other parent, the Court may hear the matter urgently without the other parent present.
If you find yourself in this position, we can tend to your matter immediately and with great sensitivity. Please do not hesitate to contact Craddock Murray Neumann Lawyers and one of our family lawyers will be happy to talk to you about your options.