For family law clients, often one of the most distressing experiences they can have is when the other parent refuses to return the child to their care after a visit.
Unfortunately, this kind of dispute can arise if there are no legally enforceable Orders in place regarding parenting matters, but it can also arise even if Court Orders are in place.
In such circumstances, clients need urgent legal advice and representation, and Argent Law is happy to assist clients in this regard.
The Application which is brought for the immediate return of children to a parent’s care is known as a Recovery Application – so called because if the Court determined that a child should immediately return to a parent, the Court will order the Australian Federal Police (with the assistance of the State Police) locate, “recover”, and return a child to the parent the child should be with.
Of course, the recovery of children by the police can be extremely distressing for children and parents alike. Indeed, the parent with the child may believe that in retaining the child they are acting in the child’s best interests, and protecting a child from the risk of harm posed by the other parent.