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In Sydney, Australia. The other parent has taken the children and is refusing to return them. What should I do?

Immediate Actions

1. Attempt Communication

First, try to contact the other parent to understand their reasons for not returning the children. Keep records of any attempts to communicate (calls, texts, emails).

2. Safety and Welfare Check

If you have concerns about the safety and welfare of your children while they are with the other parent, consider contacting the police immediately to conduct a welfare check. This is especially important if there is a risk of harm to the children.

3. Contact a Family Lawyer

Seek urgent legal advice from a family lawyer who specializes in child custody matters. They can provide you with guidance on your rights and options and can assist you in taking legal steps to recover your children.

Legal Steps to Take

1. Apply for a Recovery Order

You can apply to the Family Court of Australia or the Federal Circuit Court for a Recovery Order. This court order directs someone (such as the police) to find and return the children to you. It is enforceable across Australia.

2. Complete the Application

Obtain and complete the necessary forms for a Recovery Order, which can typically be found on the Family Court of Australia’s website. You will need to provide details about the children, the other parent, and the circumstances of the abduction.

3. File the Application

Lodge the completed application at the nearest family law registry of the Family Court or Federal Circuit Court. You may need to attend court for a hearing, depending on the urgency and circumstances.

4. Police Involvement

If you have a Recovery Order, the police can assist in locating and returning the children to you. Provide them with a copy of the court order.

Additional Considerations

1. Documentation

Keep all records related to the abduction, including any communication with the other parent, records of missed visitations, and any evidence that supports your case.

2. Counselling and Support

This situation can be emotionally challenging for both you and your children. Consider seeking support from a counselor or support services to help navigate this difficult time.

Legal Concepts

1. Parental Responsibility: Both parents have a responsibility to act in the best interests of their children, which includes ensuring their safety and well-being.

2. Recovery Order: A Recovery Order is a court order that requires a child to be returned to a person with parental responsibility for them. It is enforceable by law enforcement agencies.

Suggestions

  • Act Promptly: Time is crucial in cases of child abduction or refusal to return children. Take immediate steps to protect your parental rights and the well-being of your children.
  • Legal Representation: Engage a family lawyer with experience in child custody matters to ensure that your application for a Recovery Order is prepared correctly and promptly filed.
  • Follow Court Orders: If you are granted a Recovery Order, cooperate fully with law enforcement to ensure the safe return of your children.

If you have any further questions or need more detailed advice, please seek legal assistance as soon as possible.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
8 March 2016
Place
SYDNEY
Appellant
Karras Partners Lawyers
Judge
RYAN,ALDRIDGE,LE POER TRENCH
Highlights
1. The father has parenting responsibility for R from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 2. The mother has parenting responsibility for S from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 3. The mother has primary residential responsibility for T from Monday to Friday from 7:00am to 6:00pm, and 10:00am to 9:00pm on weekends, excluding statutory and public holidays; 4. The father is entitled, subject to the orders dated 25 June 2014, to Spending Time with the Children at weekends (on one day every two weeks) in accordance with his parenting schedule as set out in paragraph 2 above; 5. During school terms (which start on 1 September), each party is responsible for the children's education (subject to the terms of any relevant educational agreements between the parents or relevant authority). In addition, each party is responsible for settling their own school fees/tuition; 6. There is no overnight stay with either parent without the other parent's agreement; 7. Any dispute between parent about matters relating to the children shall be resolved by mediation or conciliation before a Family Dispute Resolution Service ('FDR') provider nominated by each party; 8. If after attempted mediation or conciliation a dispute cannot be resolved through these services then either party may apply to the Court for a hearing; 9 .The father shall pay maintenance of $25 per week plus GST unless there is agreed financial provision in writing by both parents; 10 .The father shall pay all reasonable travel expenses incurred by either parent in connection with his role as a parent (excluding any costs associated with relocation); 11 .The parties shall cooperate in arrangements for holidays/festivals/special occasions such as birthdays etc.; 12 .Any agreement made between parents about care of children must be recorded in writing and signed by both parents before it comes into effect; 13 .If there is a change of address for one
Judgment
The text of the judgment is as follows: That the appeal be dismissed. That the father pay the costs of the Independent Children’s Lawyer in the amount of $2,871.00 within 28 days. That the application of the Independent Children’s Lawyer that the mother pays half those costs be dismissed. That within 14 days the mother file and serve an affidavit addressed to rule 19.08(3) of the Family Law Rules 2004 (Cth), together with written submissions (if any) arising therefrom. That within 14 days of service of the affidavit referred to in the above order, the father file and serve written submissions in reply (if any).

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

What happens if one parent wants to move away with the child?

If one parent wants to move away with the child, they must seek the other parent's consent or permission from the court

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Can parents decide on child custody arrangements without going to court?

Parents can make their own arrangements through a parenting plan or consent orders, but these arrangements must still be in the best interests of the child. 1.A parenting plan is a written agreement between parents that outlines the arrangements for their child's care, including living arrangements, schooling, and contact with each parent. 2.Consent orders are legally binding orders made by a court, based on an agreement between the parents, that outline the arrangements for the child's care.

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What types of child custody arrangements are available in Australia?

The types of child custody arrangements available in Australia are joint custody, sole custody, shared custody, and split custody. 1.Joint custody means both parents share the legal and physical care of the child or children, and decisions about the child's upbringing are made jointly. 2.Sole custody means one parent has the legal and physical care of the child or children, and makes all the decisions about the child's upbringing. 3.Shared custody means both parents have significant and substantial time with the child or children, and both are responsible for making decisions about the child's upbringing. 4.Split custody means each parent has sole custody of at least one child.

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What happens if one parent breaches a custody order?

Breaching a custody order is a serious offence, and the parent who breaches the order can face legal consequences, including fines and imprisonment.

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