VIC How Difficult is it to Get a Recovery Order?

[pete.]

G'day,

Just got told by a lawyer yesterday that if I want to get a recovery order for my kids to come back from QLD to VIC, I have to do it in QLD because that's where they are and that there is a bunch of hurdles I'll need to jump through to try and get it, too.

Can anyone tell me how hard it is to do it? Is there a timeframe? Would it look bad that I knew about them going for a while but didn't start family court, etc., or is it easy to get them back?

Cheers

 

[sammy01]

Did you give permission? Do you have court orders? If so, what do they say about the time you spend with the kids? Look the answer to your questions really depends on the answers to my questions.

As far as your last question - nope, not really. But if you gave permission, then that is a whole other story.

 

[pete.]

Hey, mate.

Nah, she told me about 12 months before that she wanted to but I didn't think much about it. Just said whatever to her.

Nah, nothing with orders or anything like that. I was seeing the kids once or twice a week till about 6 months before they went. She cracked the shits and said if I wanna see them to go to her mum's or hers but I didn't want to see her and thought she'd get over it.

 

[sammy01]

You don't have much going for you, especially since you hadn't seen the kids in 6 months and you did nothing to rectify that...

How old are the kids?

My thoughts... You'd be better off seeking court orders to provide you with some time with the kids... Or move to wherever she is. But all that depends on how important it is for you to be involved with the kids and I got to tell you that the fact that you've not seen them in 6 months and made no attempt to rectify that doesn't look good.

Let's face it, her argument is going to be that it doesn't matter where the kids are because even if they were 5 min away, you've made on attempt to see them.

 

[pete.]

They are 9 and 4. If I go and start a recovery order, will they make her come back for it or how dose it work? Can she just say no and stay there? Google is useless on it

 

[pete.]

She reckons I can have them in the school breakes but I have work. Just bull.

 

[fbueller]

They are 9 and 4. If I go and start a recovery order, will they make her come back for it or how dose it work? Can she just say no and stay there? Google is useless on it

Hey @pete. it does start to get complex from here

From what you've said so far seems unlikely they'll make her come back.

 

[pete.]

So what do I do mate? She has only been up there for about a month.

 

[fbueller]

It's really difficult and I feel for your mate. I know that doesn't help.

The best advice I was ever given was to think of family law stuff like a marathon.

A quick sprint won't help, you need endurance, mental strength and there are waves of issues along the way. It could be more true in my own experience.

 

[pete.]

Yeah I'll have to save first. Is there a time frame for this sort of thing, do they go oh she's been gone x amount of months now so you can't do anything?