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VIC Ex Applying for Recovery Order with Restraining Order in Place?

Discussion in 'Family Law Forum' started by Wayneo, 6 July 2015.

  1. Wayneo

    Wayneo Member

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    Hello..I am a single Dad with shared custody for the last 6yrs of our Daughter ( custody of children) with Family Law Orders in place since 2009. My Ex Partner has Sole Custody. The last 2yrs have been one hell of a ride with her not sticking to her Parental agreement.

    I have had our Daughter well over 70% of the time as she can longer function as a responsible Mother due to being drug affected so I took over the reigns as being a concerned Father as I wanted my Daughter to be safe and cared for as much as possible. I have put up with emotional and physical abuse from her in front of our Child on and off, but the last incident has finally found its way to Family Law Court with me placing a IVO ( restraining order) on her due to physical abuse and damage of my property.

    I have our Daughter in my care at present, she is also on my IVO order. She did not turn up to Court for IVO so a 12-month Final Order was granted to me. I have heard she is applying for a recovery order for our Daughter.Can she do this with a IVO in place? It all seems so wrong if that is granted to her.
     
  2. AllForHer

    AllForHer Well-Known Member

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    She can apply for a recovery order but the court may consider the circumstances extenuating and review the current orders, rather than simply order the child be returned.

    When you are served with the application for recovery orders, you should respond with orders you are seeking and an affidavit of evidence supporting your application.

    Hope this helps.
     
  3. Wayneo

    Wayneo Member

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    Thank you so much..well that clears it up, I was hoping they would want to see/hear my side of the story before removing my Daughter from me..just wasn't sure how Recovery orders work ☺
     

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