recovery order question please

[skdad]

no this is the first time she has breached.

 

[skdad]

and I'm self representing this far, and yes jjust today was emailed papers

 

[Atticus]

and I'm self representing this far, and yes jjust today was emailed papers

So I'm guessing the communication from the court that your recovery order will be granted in May was BEFORE she filed a notice of risk & variation of orders? ... I think you need to be prepared that may change things

As a NOR has been filed, the court needs to take it seriously. What happens in May (if that date remains unchanged) will in part probably depend on the seriousness of the allegations being made in the affidavit, & perhaps your ability to rebut them on the day... Worst case scenario at this point may be that the recovery order is held over till the June hearing IF the allegations are serious enough ...

In any event, I would be preparing your response to her supporting affidavit ... If you are not confident doing that, I recommend you consider getting some professional legal guidance on this one

 

[skdad]

oh that's great help thankyou very much!
and yes I was only doing this myself when iit was the recovery order, I'll be getting representation for further things.
so the recovery order probably won't go aheadahead is that right?

 

[Atticus]

so the recovery order probably won't go aheadahead is that right?

Can't say... That will be up to the judge on the day if the May hearing goes ahead ... BUT, I can say with *some* confidence that the NOR & supporting affidavitt will have to be given some consideration ... Hence my advice to be prepared with a response

 

[skdad]

So the jjudge will have the NOR and her affidavit when he does the recovery?

 

[Atticus]

o the jjudge will have the NOR and her affidavit when he does the recovery?

Assuming that whatever allegations are in the affidavit are going to form the basis of her withholding the child contrary to orders, I would expect that she (legal rep?) will make sure that the court is made aware of all applications & paperwork related to the case

 

[skdad]

they aAre unaware of the recovery order as I don't know her address and the first contact I received was after it was filed

 

[Atticus]

they aAre unaware of the recovery order as I don't know her address and the first contact I received was after it was filed

She may not be aware of it, BUT... What I am saying is that whatever grounds she is relying upon for withholding is *probably* contained in the supporting affidavit & as a NOR is also filed, that should flag on the system .... In other words, as there is a NOR associated with the name, you should expect the court to be aware of it

 

[skdad]

Ok yes tThanks that's what I wanted to know.
so if I'm told they are making a recovery order from the court, then will they inform me that in light of this new info that may change? or will they let me assume I'm still getting the recovery order they said I would have on the 11th May ?
and if iI do still get the order how long does it take for the federal police to act on it? is iit done that day or from the recovery order date or do you get put onto a waiting list?