How to commence proceedings to recover your child?
1. File an Initiating Application and make it clear that you are seeking children (parenting) orders.
a. If there are no current Parenting Orders in place, attach Final Orders as Annexure A and Interim Orders as Annexure B in the Initiating Application.
b. You will be known as the Applicant and the other party will be known as the Respondent.
2. File an Affidavit which sets out the existing arrangements for the care of the child and shows that the child lives normally with you and/or that you are the child's primary carer. The Affidavit will further need to include information regarding the circumstances of the child's removal and the detriment to the child of remaining in the sole care of the respondent.
3. If there is a risk to the child, file a Notice of Child Abuse, Family Violence or Risk important if you are seeking an urgent recovery order.
Once you have filed your Application and supporting material to commence proceedings for a Recovery Order, either a Registrar or a Court officer will consider the urgency of the application and determine when it will be listed.
Contact us for more information on the recovery process or to book a free legal advice session to find out your options.