Custody of Children Issue - No Parenting Agreement or Court Order?

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12 May 2014
4 months ago my daughter wanted to try living with her dad. I agreed to a trial for 6 months to see how it went... now hes threatening to not give her back. Where do I stand?? There are no custody of children agreements. It didn't go through court but with CSA (Child Support Agency). He has a higher care percentage then me, can I get a recovery order under family law?


Well-Known Member
19 April 2014
Hi melmoo1987,

I'm not sure whether a Recovery Order will be effective given that you and your daughter agreed to your child living with her father and there's no parenting plan or parenting order in place. I think you could apply for a Recovery Order, but I think it might be worthwhile you applying to the Family Law Courts for a Parenting Order (or Consent Orders if your daughter's father does come to an agreement with you about parenting arrangements).

How old is your daughter? Does she have an opinion on who she'd like to live with/living arrangements between the two homes? The ultimate principle in family law is what is in the best interests of the child, so if your daughter has an opinion about that, it would be taken into consideration.

Either way, you should look at arranging a free Family Relationships Centre dispute resolution session. (Family Relationships Australia have an Advice Line on 1800 050 321 or you can go to their site

It sounds like you'd benefit from getting personalised legal advice from a family lawyer as this is quite a specific situation. Which State are you in? There are different Legal Aid offices in different States as well as Womens Legal Services Centres that could give you some legal advice.