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Child Recovery

Buckley Lawyers, has extensive experience in handling complex matters related to child recovery orders. We understand that the thought of a child being taken overseas without your permission can be overwhelming, and we are here to help.

Our team of highly skilled and compassionate lawyers is dedicated to providing you with the legal support you need to navigate the complexities of recovery orders and ensure the safe return of your child. At Buckley Lawyers, we are committed to protecting your rights and achieving the best possible outcome for you and your family.

child recovery
What is a Recovery Order?

A recovery order is an order from the Court that requires a child to be returned to their parent, a person who has a parenting order stating the child is to live with them, or someone who has parental responsibility for the child.

Who can apply for a Recovery Order?

If you are a person who the child lives with, spends time with, or communicates with, according to a parenting order, a person who has parental responsibility for the child according to a parenting order, a grandparent of the child, or a person concerned with the care, welfare, and development of the child, you can apply for a recovery order.

How do I apply for a Recovery Order?

If you have already started proceedings asking the Court to make parenting orders, and you want to apply for a recovery order, you need to file an Application in a proceeding and an Affidavit setting out the facts in support of the application for a recovery order.

If there are no proceedings on foot, and you want to apply for a recovery order, you need to include your application for a recovery order in an application for parenting orders.

What happens next?

If practicable, the Court will list the application for a first hearing within 14 days of filing the application. If the Court makes an order authorising or directing another person or persons to find, recover, and deliver a child, you must give a copy of the order to that person or persons, usually the Australian Federal Police (AFP).

If the Court makes an order for the recovery of a child, the applicant will need to complete the Recovery Order Family Law Information Sheet found in the AFP Family Law Kit. When the child is returned, the Court must be notified as soon as practicable.

Has your child been taken overseas without your permission?

If your child has been taken overseas without your permission, it can be an incredibly distressing and confusing time. At Buckley Lawyers, we understand the emotional toll this can take on you and your family, and we are here to help.

Our expertise in family law can assist you with navigating the complex legal process of international child abduction. We can provide you with advice on your legal rights and guide you through the steps required to make an application under the Hague Convention on the Civil Aspects of International Child Abduction.

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