SA What Would Make Recovery Orders Unsuccessful?

[lila]

Hello everyone,

I am curious to know, what would make a recovery order unsuccessful?

What I mean is, what would the receiving party need to show it is not in the best interest's of a child to be returned to a previous state of residence? Are recovery orders easy as such to get and do you have to try and prove the child should live where they were living or is it up to the other party to prove the child is better where they now live?

This is between two parents.

Thank you

 

[AllForHer]

This is nearly impossible to answer because each case is unique. What might be given weight as to what's best for a child in one case, may be given less weight or no weight in another.

As such, the only real answer I can provide is that you need to show it's in the child's best interests for the relocation to occur.

Some things that have come up in other cases is the child's age and their capacity to maintain a meaningful relationship with the other parent if the relocation is permitted. For example, a three-year-old is going to have difficulty maintaining a meaningful relationship with a parent from afar if they only see them during school holidays. However, if they've only ever spent time with that parent on two or three occasions in the duration of their life, then the relocation is going to have significantly less impact on them. A 15-year-old on the other hand will have little difficulty maintaining a relationship with the parent they've moved away from if they only see them during holidays, but might not want to move in the first place because they've established community roots in the town of origin.

Thus, it's impossible to provide an itemised list of evidence that will support the case for a relocation, or lead to the failure of a case for relocation.

 

[sammy01]

So I'm assuming you already have court orders? And you chose not to comply? You're gonna struggle if you're the one who has relocated without the other parent's consent...

 

[lila]

No, no. This is not about me. They are friends of mine. They have not been to get court orders etc. she was saying to me something about recovery orders and didn't know if they are hard to get. I have never heard about them either so I was curious as to what they are and how they work.

Thank you

 

[sammy01]

So my kids live with me 80% of the time. At present, they are spending a week with their mum. On Saturday, I will travel to an agreed half way point to pick up the kids. If mum doesn't show, I will speak to my solicitor on Monday, be in court within 2 weeks to get a recovery order and probably have the kids returned (by the federal police if necessary) within a few weeks.

Now I already have court orders that say the kids live with me, so that would make things easier. But if I didn't have court orders, I would still have grounds for a recovery order, but the courts might want to look at the case in more detail.

I hope that helps