What happens when one parent unilaterally relocates after separation where there is no agreement from the other parent that they be permitted to relocate with the children?
This may give rise to a recovery order under Part VII of the Family Law Act 1975.
The Court can require a child to be returned to a parent of the child. A recovery order can also prohibit the parent from again removing or taking possession of the child.
Recovery Orders are usually sought on an urgent basis but can also be sought on a final basis or both.
It is important to act quickly when orders have been breached, or your children have been removed from their current Location. An urgent application should be filed with the court so that the children can be brought back to their original location as quickly as possible.
It is important to ensure that you receive legal advice from a Family Law specialist as soon as possible in the event that your partner has attempted to relocate interstate or indeed overseas with your children.
In the alternative, if you are concerned your partner is trying to remove your child, our family lawyers are able to assist in the following where appropriate:
- Implement urgent measures to prevent the removal of a child from the State or Australia;
- Seek an urgent Order requiring the child’s Passport to be held by the Family Court;
- Liaise with the Federal Police to prevent the child leaving Australia;
- Provide urgent advice in regards to children who have already been removed from Australia without consent; and
- Provide advice about the Hague Convention and any relief which may be available.
Our specialist family lawyers have been involved in a number of successful recovery Orders, both interstate and overseas in countries that are signatory to the Hague Convention.
We travel interstate to appear at the Family Court of Australia and Federal Circuit Court of Australia regularly.
For more information, or to arrange a first free consultation, contact our office today 02 9560 6811.