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NSW Federal Circuit Court - Relocation of Other Party before Final Hearing?

Discussion in 'Family Law Forum' started by HardingH, 2 October 2015.

  1. HardingH

    HardingH Member

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    Hi,

    If there is a current case before the Federal Circuit Court and the dispute is that one party wants to relocate with the children i.e. Sydney to Wollongong, and one parent decides to relocate before the final hearing, does the other parent apply for recovery orders? And how long do these typically take?

    In addition, if the parent does relocate without the family court's consent and the children start school and wish to stay with the parent that has relocated, is there anything that can be provided to the Court / Australian Federal Police that would prevent the recovery order being applied prior to attending the final hearing?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi, if you have proceedings under way in the Family Court then yes you can make an application for a recovery order in that same court. You will need to file an application adn a supporting affidavit. More information about it can be obtained here.
    Recovery orders - Federal Circuit Court of Australia
     

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