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Blog » October 2015 » My partner has removed our children from my care and is refusing to give them back. What can I do?

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My partner has removed our children from my care and is refusing to give them back. What can I do?

Having your child removed from your care is any parent’s worst nightmare. Not only does it cause great emotional stress but can also bring intense feelings of anger and resentment towards your partner. If you should find yourself in this situation, however, it is vital to stay calm and trust in the processes and guidelines that are in place to deal with such situations effectively.

The first thing you will need to do is seek a child recovery order, which involves preparing an urgent application with an affidavit and filing it in court. Once the application is filed the matter will be listed and you will be required to attend court.

The court will consider the circumstances prior to the removal of the child as laid out in your affidavit. This should include the following information:

  • What were the care arrangements for the children before they were removed or retained?
  • Are there any risk factors associated with the other parent or yourself? This would include issues of domestic violence, drugs, alcohol, and involvement of DoCS or mental illness?
  • Time spent between the children and both parents following separation.
  • Detail of the arrangements between the parties for contact including routines, how it was agreed, and how it worked.
  • Events surrounding the children being taken by the other parent.
  • The concern that you have for the children in the care of the other parent including any risks.
  • Current arrangements for the care of the children.

If you are aware of the location of the children

Once you have successfully obtained a Recovery Order, the next step is to liaise with the Australian Federal Police who will attend the address provided by you. If it is deemed that your children were removed from your care illegally and without the correct procedures they will recover the children back into your care.

If you are unaware of the location of the children

There are several different government agencies who will work collaboratively to determine the location of the children. Once found the Federal Police will attend and remove the children to safety.

What if the children are in a separate state?

If the children are found interstate it is possible that you will need to make your own travel arrangements to collect the children and to return to NSW. The Salvation Army or other charities can be contacted to provide some assistance in this regard.

If you need help recovering your children from your partner’s care call Perry Legal straight away on 02 4940 4602.

Posted: 6/10/2015 9:52:03 AM by Kristen Perry | with 0 comments
Filed under: Family Law

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