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Recovery Orders and Location Orders

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here In certain circumstances, a person may be eligible to lodge an application for a child to be immediately returned to their care. These applications are called recovery orders and they are usually applied for in circumstances of urgency. Hosking Legal has solicitors with experience in obtaining recovery orders. If you would like to discuss whether or not you have grounds to apply for a recovery order, please contact our office and speak with one of our family law solicitors.

What is a recovery order?

ingenjör jobba hemifrån A recovery order is a court order that requires the return of the child concerned to the person applying for the order. That person may be a:

  • A person with parental responsibility for a child (usually a parent)
  • A person who has a parenting order that a child is to live with them, spend time with them, or communicate with them
  • A grandparent of the child
  • Another person concerned with the care, welfare and development of the child

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What if the whereabouts of the child is unknown?

خيار ثنائي البيانات التاريخية If you don’t know the location of the child, it may be possible to apply to the court for a location order. A location order can require a person to tell the court what they know about the child’s location. The order may also require government agencies to provide information they have about the child’s location.

شرح صوتي عن مؤشرات الا سهم السعوديه A location order can be applied for by the same categories of persons who can apply for a recover order.

When will an application for a recovery order be considered by the court?

go site There are different circumstances when a court will consider making a recovery order to return a child to the person seeking the child be urgently placed in their care. These may include a situation where a person has removed the child concerned from their usual primary care giver, or when a couple has separated and one party is preventing the other party from seeing the child. Whether your particular circumstances justify making an application for a recovery order is something that Hosking Legal can provide expert advice upon.

مباشر الراجحي للبيع الاسه٠A party seeking to apply for a recovery order will be expected to apply promptly after the circumstances that form the basis for the application have arisen.

source link If you instruct Hosking Legal to apply for the recovery order, we will seek to arrange an urgent listing of the application before the court and advise you of any other steps that should be taken.

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How does the court decide if it will make a recovery order?

http://woldswaylavender.co.uk/?antaliiste=%D9%83%D9%8A%D9%81-%D8%A7%D8%AA%D8%AF%D8%A7%D9%88%D9%84-%D8%A7%D9%84%D8%A7%D8%B3%D9%87%D9%85-%D8%A7%D9%84%D8%B3%D8%B9%D9%88%D8%AF%D9%8A%D8%A9&ff3=f7 The best interests of the child are the paramount consideration when the court decides if it will make a recovery order. When deciding what is in the best interest of a child, the court looks at a number of considerations including following factors:

    • Whether there is an existing court order in place
    • The benefit to the child of having a meaningful relationship with both parents
    • The need to protect the child from harm
    • The child’s relationship with the parents and other significant people
    • The likely effect of any change in the child’s circumstances, including separation from a parent
    • The capacity of a parent or significant other person to provide for the needs of the child
    • Whether or not there are any family violence orders in place
    • Anything else the court thinks is relevant

here In recovery order applications, the history of the child up until that point (who the child has been living with), as well as risk factors, may be of particular importance.

What happens if a recovery order is made?

enter If a recovery order is made by the court, the Australian Federal Police will be contacted to execute the recovery order. The order may also be passed on to the State police force for execution. You will need to be on standby and contactable so that the child can be transferred back into your care when the police execute the recovery order.

If you would like to speak with one of our family law solicitors about obtaining a recovery order, please contact us to book an appointment.