Recovery Orders – Children Mockup

Australia’s Most Awarded Family Law Firm

Outstanding Results For Recovery Complex Recovery or Abduction Matters

We are experts at seeking urgent orders when the child has been abducted or the child is in danger.

Speak Directly or Message Our Managing Partner

Jaswinder (Jas) Sekhon

Jaswinder (Jas) Sekhon

Managing Partner
Goldman Law (Australia and International)
  • Complex family law financial matters
  • Complex valuations or structures in family law
  • Commercial practical outcomes and strategy for clients
  • Family law litigation and appeals
  • Accredited Mediator

The Process For Contested Orders When Parents Cannot Agree

  1. Write to the other side
    We write to the other side to invite them to resolve the dispute and we outline what our arguments are and what we are seeking.

  2. Attend dispute resolution
    We selected dispute resolution service and we attend that service – this will cost both parties legal fees and the fees for the dispute resolution service.

  3. Written notice of issues and future intentions
    If we reach agreement then we file for consent orders in the agreement is formalised. If dispute resolution is not attended or fails to reach a solution, and at this stage we write again of the notice of the intention to start a proceeding. We again list issues in dispute and the genuine offer to resolve this issue is and wait at least 14 days from the date of the letter.

  4. Reply to the notice of intention
    If you receive such a notice of intention then we must reply on your behalf within this time period

  5. Lodge an application in court
    Finally, after reasonable attempts to resolve the above by correspondence, we may file proceedings via an application in the Court.

Start your matter from $1200 plus GST (Parenting and Financial).

Refusing To Return Children

If your child (or children) normally lives with you and their other parent (or another person) has your child and is refusing to return them to you; or you have parenting orders, and the other party is preventing your child from living with your or spending time with you in accordance with those orders, you may be able to apply for a recovery order.

Not Knowing Where The Child Is?

If you do not know where your child is, you can also apply for orders to help you to find them (called a Commonwealth information order) when you apply for recovery orders.

There are different processes for applying for a recovery order, depending on whether or not you have a current parenting order or a parenting case pending in the Court.

What Happens Next?

If practicable, the Court will list the application for a first hearing within 14 days of the application being filed.

How Is A Recovery Order Implemented?

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. In most instances, this will be the Australian Federal Police (AFP).

What If The Child Still Isn’t Found?

In some situations, you may ask the Court to issue a location order, Commonwealth information order, and/or publication order.

Child Kidnapped Overseas

If your child has been taken from their home country without your permission, and without the authorisation of a court, you may be able to get assistance under the Hague Convention on the Civil Aspects of International Child Abduction. See Relocation and travel for more information.

Legal Advice & Free Consultation

Family law is complex, and getting legal advice will help you to better understand your rights and responsibilities In difficult emotional situations involving children and recovery orders, it is best to have a no obligation confidential discussion with one of our senior lawyers immediately.

Rapid Global Logistics
Rapid Global Logistics
2022-01-25
Goldman’s dispute resolution/ litigation group has furnished legal advice and steerage throughout a hard and vicious court scenario. I discovered them to be experienced, responsive, knowledgeable, and honest. Jas is amazing on the overview and strategy. Ms Jen Cheal as the practice manager excels in knowledge, details and delivery; harnessing and enhancing the lawyers. Kim as client liaison is great to call when I need to speak with the legal eagles on weekends or nights when no one would answer my call! Thanks for the corny jokes Kim! (seriously). The senior team kept me informed and drove the litigation better than I expected and honestly, its no comparison to other firms I have used. I have used some very large and good firms (at 30% more cost +) but it always comes down to the people and their willingness. Not cheap here – but always reasonable and willing to review invoices and fees. Worth double with the drive and energy to win! Litigation is never a good thing and the last thing you need are jaded lawyers. Recommended and 5 star ! Thanks guys!
Josh Henry
Josh Henry
2021-12-28
I was uncertain and afraid of what would happen at court. Mat Nott put my fears at ease leading up the my court date and then on the day it unfolded exactly as he said it would. We got the best possible outcome. Thank you Mat for your help and expertise.
Frances Thiedeke
Frances Thiedeke
2022-01-31
Well considered advice presented in a way that was easy to understand and answered all questions. Thank you

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FAQ's – Divorce & Separation

Can I Apply For A Divorce?

You can apply for a divorce in Australia if either you or your spouse: regard Australia as your home and intend to live in Australia indefinitely, or are an Australian citizen by birth, descent or by grant of Australian citizenship, or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Living Under The Same Roof Can Be Living 'Separately'

You need to satisfy the court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.

Seeking Legal Advice and Our Fixed Fee Offer

You can obtain legal advice to understand your rights and responsibilities before applying for a divorce or other applications in relation to a divorce. A lawyer can help explain how the law applies to your case.

What A Court Considers In Divorce Applications

The only grounds for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably.

If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them.

What Will A Divorce Cost And Our Fixed Fee Offer?

There is a filing fee for divorce applications and your lawyer will also charge a fee. Goldman lawyers has some fixed price offers for those seeking to have a clear transparent legal process and cost in our offers

In some cases; for example, if you hold certain Government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee.

Can I Oppose A Divorce Application?

If you have been separated for more than 12 months, there are few opportunities to oppose a divorce application. You can only oppose the divorce where:

There has not been 12 months separation as alleged in the application, or the court does not have jurisdiction.

If you do not want the divorce granted, you must complete and file a “Response to Divorce” and appear in person on the hearing date.

You need to set out the grounds on which you seek the dismissal in the “Response to Divorce”.

If you file a response, you should attend the divorce hearing. If you do not attend, the court may decide the divorce application in your absence. If it is difficult for you to attend in person, you may ask the court to appear by telephone.

68%
of clients expect lawyers to be available outside of their office.

59%
of clients expect lawyers to be available outside of business hours.

Book A Consult Online

17%
Of consumers say handling issues legally is too overwhelming.

14%
Of consumers say handling issues legally feels too stressful.

LawConnect is the one place to easily and book instantly our lawyers online.


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