VIC Can a recovery order (submitted by father) be applied for if their is currently an IVO (against father) but children's names are spelt incorrectly?

[ClaireM]

IVO was submitted by officer who (unknowingly) fell victim to false statement including incorrect surnames of children (to mothers maiden name). Mother has been asked to correct however has still refused to. Can a recovery order be issued given the children are not named (using legal name or date of birth) on the IVO?

 

[sammy01]

The spelling of names is on no substance...
Do you currently have court orders that provide you with time with the kids? If yes then an urgent recovery order might be applicable but only if you're the primary carer.

Far more likely you're gonna need mediation and a court application