QLD Is there a time limit to filing for a recovery order?

Discussion in 'Family Law Forum' started by Thenarcisistsprey, 17 June 2019.

  1. Thenarcisistsprey

    Thenarcisistsprey Well-Known Member

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    As the title suggests, I’m wanting to know if there is a time limit for filing of a recovery order? For example, there’s a court order made in one parents absence that the other parent has primary custody. They have all school holidays due to living in a different state at the time the orders were made. Both parties now reside in the same state and very close proximity to one another. Order states shared parental responsibility. Verbal agreement for one parent to also have each second weekend in addition to all school holidays. If a child who is say 12 years old refused to go back to the parent with full time custody after visiting the other parent for the school holidays, is there a time limit for which that parent can apply for a recovery order. For example if it’s been 6 or 7 months can they still seek a recovery order? What about 10 or 12 months? Thanks in advance
     
  2. Atticus

    Atticus Well-Known Member

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    Recovery orders are generally only available to the 'lives with' parent named in the order... Not aware of time limits to file, but I imagine that with time the sense of urgency is eroded. Also the age of the child might be a factor. As long as a 12 yer old is being cared for by the other parent in a safe and responsible way, it may be difficult to get one
     
  3. sammy01

    sammy01 Well-Known Member

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    Hey provide actual details and you'll get a much more accurate response.
    Has this happened?
    How long ago?
    How old is the child?

    Yes the primary carer can apply for a recovery order. Is there a time limit? NO - but the chances of success diminish over time.
     
  4. Jake Matherson

    Jake Matherson Well-Known Member

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    Just my experience with recovery orders if anyone is interested

    Urgent Recovery Orders

    Given my experience with urgent recovery orders involving taking a child from daycare, drugs, attempted suicide and DV unless there is an immediate risk of physical or sexual abuse about to happen to the child right now
    or there is an immediate risk that the child could be made to leave the country and not return then the police or department of child safety will do nothing without a Court Order.
    So you have to file your paperwork + send a letter to the Registry asking them to hear your matter urgently Ex-Parte and after 1-4 weeks if you have exceptional enough circumstances your matter will be heard and you will be told no go away and file and serve the other party bring them to court and we will decide. Whole process 1-12 weeks depending on circumstances and how good your paperwork is.

    That covers urgent recovery orders.

    Regular Recovery Orders
    Your matter in particular does not register to me (just a punter on the page) as urgent so your're already fighting an uphill battle if you're wanting recovery orders also given the fact the child is old enough to voice their opinion.
    File the paperwork and jump in the queue of people trying to get their kids back. 4 weeks to never depending on the circumstances.
     
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