SA Interstate EX threatening recovery order.

[Acrobat]

Hi.
On the 24th of this month, we had a frantic phone call from my 14yo SD saying 'call mum, I might be able to live there', we called and by the end of the night we were getting a flight for the next day to get my 14 yo SD to come from NSW's to SA to live with us for 12 months. Something the BM agreed to, to the point she put her on the plane.

It is now two weeks later, SD had just started at a new school and she's happy here but despite our encouragement doesn't want to talk to BM often at all, there are issues back there and she is tired of the drama, but BM and her parents have decided all of a sudden that they want her to come home and are quoting a very old parenting order which has been verbally changed 7 years ago when SD first came to visit us, as a basis to try and get a recovery order despite the fact SD14 doesn't want to leave and has no desire to go back to BM.

BM informed both CSA and Centrelink that the child would be in our care, she AGREED with the time Centrelink said and we agreed to send her to visit in not these holidays but the next. Something the BM agreed to at the time. BM is now trying to claim 14 is too young to make a decision where my SD lives, despite being okay with it at first.

SD has said she doesn't feel safe at mothers as there is a high incidence of drug use in the street and she does not get along with BM's SO. She is also rather ambivalent towards BM.

So my question is :
a)Can she get a recovery order to force my SD back to a place where she is not happy after allowing her to leave in the first place?
and
b)What steps can we take to ensure SD14's wants and needs are heard?
and
c)Will SD14's wants/needs have a bearing on what happens?

Thanks, any advice/information appreciated.

 

[sammy01]

mum can apply for recovery orders... Will she be successful? impossible to tell... BUT at 14 the child's wishes will carry considerable weight...It would appear that you'll also be able to establish that the mum did agree to the change

Everything else being equal, I reckon you don't have much to worry about. BUT can you keep us updated, just outa interest

 

[AllForHer]

Can she get a recovery order? She can apply for one, sure, but will the order actually be made? Well...

What steps can you take to have the child's voice heard? For Court purposes, none, because the Court will appoint an ICL and/or a family consultant for a family report if it needs to, which is how it deduces the child's wishes as required by s 60CC of the FLA, but outside of Court, you could contact Relationships Australia for a child-inclusive conference with mum. It's mediation, but the child gets to talk to a consultant first to have their views brought the table and considered by mum and dad when they're negotiating an outcome.

Will her needs have a bearing on what happens? In Court, absolutely. She's old enough to have her wishes given substantial weight, as is outlined in s 60CC of the FLA. But will it conclusively decide the matter? No. It's just one consideration of many, but it sounds like your can show the Court there has been agreement for the relocation, which is fairly important.

I've seen the Court grant a lot of 14yos the freedom to see the non-resident parent in accordance with their own wishes.