QLD Apply Recovery Orders for a Breach of Interim Orders?

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Andreas

Active Member
5 January 2017
9
0
31
Hi (again)

Unfortunately, I am faced with a situation where the other party failed to return the child as per Interim Order. Is this considered a breach of an Interim Order?

If so, what should I do next under family law if the other party had failed to return the child?

Should I apply for Recovery Orders and/or a Contravention Order?

Many Thanks.
 

AllForHer

Well-Known Member
23 July 2014
3,664
685
2,894
The first step should always be to contact the other party and give them an opportunity to rectify the contravention first. You (or your lawyer) should email the other party with recommendation to follow the orders or otherwise you will file a contravention order. Failing that, then yes, I would file for a contravention order before your next mention.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Insofar as I understand from your other posts, Andreas. You already have interim orders in place and a return date in the near future? You could possibly just wait and raise this on the day.