The Undesirability of Appeals in the Family Court
Recently, we have had a number of cases where parties have good prospects to appeal, but
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15 December 2021
Unfortunately, this is a question we are commonly asked over the Christmas period when tensions in separated families can often run high.
While it may be your first thought to call the police, they generally won’t intervene unless the Court has issued a Recovery Order pursuant to the Family Law Act. The Police may, however, on your request, conduct a welfare check if you know where your children are.
A Recovery Order can direct officers of the Australian Federal Police and State and Territory Police forces to find and recover your children and deliver them to you.
You can apply for a Recovery Order if your children normally live with you and the other parent is refusing to return them or if you have Parenting Orders and the other parent is preventing the children from seeing you pursuant to those orders.
You can also apply to the Court to request that the application be dealt with ex parte (that is, without notice to the other party), however, the Court will only allow this in limited circumstances (for example, the withholding parent is threatening to harm the children, or it is deemed that the children’s safety is at risk).
The Court considers recovery applications urgent and will usually list them within one to three business days (depending on the circumstances of the case).
If you need to file a Recovery Application, it is important to obtain legal advice to ensure you have the appropriate evidence before the Court, such that the Court is in a position to make the order urgently.
Once a recovery order is made, you must provide the order to the Marshal or police. You must also pay any cost of recovering the children, for example, if this involves them travelling by plane interstate.
If you need any assistance with a recovery application, please do not hesitate to contact one of our experienced family lawyers.
Recently, we have had a number of cases where parties have good prospects to appeal, but
It is probably commonsense and goes without saying, but in so many matters we have clients
The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result
The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.
1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.
2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.
3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.
4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.
5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.
6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.
For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au. If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.
