QLD Information on Recovery Orders for Children?

[andy1986]

Hi everyone,

I am just wondering if anyone has any experience in getting recovery orders. How long did the process take?

To give you a quick background; my ex partner and I separated in 2016. We have 2 children now 5 & 8.

We went through the family courts and final orders were made in 2017, for shared parental responsibility. The children lived with their mother and I had them every alternate weekend and half of all school holidays, etc.

In September, my ex informed me she was planning on relocating to NSW from Queensland. I opposed. Access and communication was cut in November with no reason or explanation. I have not seen or spoken to my children in months.

I have since learnt from my children's school that she has moved to NSW. There have been multiple contravention orders since November, and in December I applied for a recovery order. The hearing is in 3 weeks.

I am just wondering what the process may be? How long does a recovery order usually take?

Thanks for your time.

 

[Jake Matherson]

I started going down this rabbit hole when I was faced with this problem.

There is some basic information on the links below which you have probably already read.

I don't have the answers for you but would appreciate an update as to how things go for you in the future as this might be something I need at some point.

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/reports-and-publications/publications/family-law/recovery-orders

Family law kit

Good luck.

 

[andy1986]

Hi Jake,

Thanks for your reply. Yes absolutely, hopefully, I will have positive news soon. The unknown is the hard thing. I have lodged all of the documents.

Thanks again

 

[sammy01]

The good news.

So because you have court orders saying you have alternate weekends, you should be confident in court.

The fact that mum has done stuff all to facilitate time. She could have offered you all the school holidays, but instead hs stopped all contact... That will help in court.

And the fact that the orders are still pretty recent will help.

But relocation cases are tricky. The courts are a bit reluctant to order people to return. How would you go if the magistrate gave you the option to be primary carer?

Make sure you let us know how you go.

 

[andy1986]

The good news.

So because you have court orders saying you have alternate weekends, you should be confident in court.

The fact that mum has done stuff all to facilitate time. She could have offered you all the school holidays, but instead hs stopped all contact... That will help in court.

And the fact that the orders are still pretty recent will help.

But relocation cases are tricky. The courts are a bit reluctant to order people to return. How would you go if the magistrate gave you the option to be primary carer?

Make sure you let us know how you go.

Hi Sammy,
Many thanks for your reply.
There are a few more factors that I am hoping may assist me. After the initial conversation about moving in September, up until mid November ( when access and the court orders were still being adhered to).my ex partner tried various tactics to
make things difficult. Including, attempting to take out a DVO against me. We went to court and this was all dismissed due to actual evidence that her allegations were all made up.

I have since been sent the enrollment forms for the children's new school which were submitted in September , the day after the initial conversation about the move. I am hoping this may show the courts that she has this planned for quiet some time with no regards for the children or their relationship with me.

I would love nothing more than to be my children's primary carer, but I do want them to have a relationship with heir mother at the dame time.
Thanks again