NSW Family Law - Clarification on Contents of Recovery Orders?

[Krissy555]

Hi

My son was served with a recovery orders for his daughter. It is listed with ten things. Number 2 says that the requirement for a S601 certificate is dispensed with. Number 3 says that the requirement for service on the respondent father be dispensed with and this application be heard ex-parte.

Can some explain what this means, please? And listed on number 8 is that the child spend time and communicate with the respondent father as agreed between the parties. The mother has a new partner and won't let my son have access to his daughter or speak on the phone.

What can be done legally under family law about it?

Thanks

 

[sammy01]

Reading between the lines here because you have not given us much to work on.

Your son has taken the kid? The order says return the kid. The order says that because he took the kid, mediation is not required. Ex-parte means the decision was made without your son being there, probably because he took a child and the courts accept that it was silly thing to do. As a result of dad's decision, he now only gets to see the kid when mum agrees...

Short version. Based on limited info, your son has taken a young child and refused to communicate with the other parent about it... As a result, the courts have given him a pretty stern kick in the arse.

So far I've been pretty brutal... But you have not given anyone much to go on...

A bit more detail might help.

 

[AllForHer]

Was he served with an application for a recovery order, or was he served with a recovery order?

 

[Rod]

Your son needs to get a response back to the court ASAP. If he values time with his daughter he should see a lawyer.

 

[Krissy555]

Sorry, we had his daughter for the weekend. There is no custody in place for the child. There are a lot of issues like the new boyfriend drove with no licence and drinking with the child in the car. We didn't want to give the child back and went to Relationships Australia to seek legal advice. The following day, the police came with a recovery order for the child. Can my son put in an interim order to seek access to his daughter?

 

[Krissy555]

Sorry we had his daughter for the weekend there is no custody in place for the child there are allot of issues like the new boyfriend drove with no licence and drinking with the child in the car we didn't want to give the child back and went to relationship Australia to seek legal advice the following day the police came with a recovery order for the child. Can my son put in an intrim order to seek access to his daughter

The mother had the boyfriend charged and an avo taken out for domestic violence, then she took him back but the avo is still in place but it has now been varied so they can be together

 

[Rod]

Can my son put in an interim order to seek access to his daughter

Maybe. Are there any existing orders in place? If so, he may be limited to what is in those orders.

Definitely do not agree to their order 8.

As well as seeing a lawyer your son needs to think about what orders he wants as the matter is going before the court whether he wants to or not. He can try for consent orders if he is on speaking terms with his ex.

Ex being a violent partner and unlicensed drinking driver may help your son.

 

[Krissy555]

reading between the lines here because you have not given us much to work on
Your son has taken the kid? The order says return the kid
The order says the because he took the kid mediation is not required. Ex parte means the decision was made without your son being there.. Probably because he took a child and the courts accept that it was silly thing to do.
As a result of dad's decision. He now only gets to see the kid when mum agrees...

Short version. Based on limited infor, your son has taken a young child and refused to communicate with the other parent about it... As a result the courts have given him a pretty stern kick in the arse.

So far I've been pretty brutal... But you have not given anyone much to go on...
A bit more detail might help.

Was he served with an application for a recovery order, or was he served with a recovery order?

Maybe. Are there any existing orders in place? If so, he may be limited to what is in those orders.

Definitely do not agree to their order 8.

As well as seeing a lawyer your son needs to think about what orders he wants as the matter is going before the court whether he wants to or not. He can try for consent orders if he is on speaking terms with his ex.

Ex being a violent partner and unlicensed drinking driver may help your son.

No, there are no other orders. She let him see her and talk to her on the phone but as soon as she had the avo varied and the new boyfriend is back on the scene, he isn't allowed. I'll get him to call a solicitor tomorrow.

Thanks

 

[sammy01]

1. Get dad to send her at text message.

Dear ex,

I'd like to see (child's name) next weekend from Friday through until Monday morning. Does this suit you?

If she doesn't respond. Do nothing. Do not get into a text message war with her... Don't write anything that could in anyway be perceived as threatening... Or he will have an avo on him in no time.

2. Get mediation started. Relationships Australia - Good start.

3. Depending on how the text message goes and how long he wants to wait... He could consider an appointment with a solicitor - But at $500 an hour... Holding off to see how mediation goes might be an idea.

 

[Nonfiction]

Your son needs to speak to a lawyer about filing a response. I agree with @Rod - under no circumstances should your son be agreeing to order 8.