What to do when a parent takes a child without permission and won’t return them. Child Recovery Orders.

If your child has been taken by a parent without your consent and is not being returned, there are both legal and non-legal avenues you can explore.

This article will delve into your choices when a parent takes your child without permission, covering child recovery orders, and location orders.

Parent Taking Child Without Permission: What You Can Do

If you can find the other parent and there is no restraining order preventing contact, it is advisable to try talking to them first.

If talking is not an option, consider involving friends or relatives to communicate on your behalf. Alternatively, hiring a child custody lawyer can be a discreet way to handle the situation.

If talking doesn't work or you can't locate the other parent, your next step is to apply to the court for a Child Recovery Order. If the other parent is untraceable, you can also apply for a location or search order, allowing authorities to intervene and provide information.

Child Recovery Orders: Understanding the Process

A child recovery order is a court order mandating the return of the child to another person. It may involve state and federal authorities to recover and return the child, with the power to arrest anyone attempting to remove the child without authorization.

Concerns About International Abduction

If there is a risk of the other parent taking the child overseas, you can apply to have the child placed on the Watch List, even before obtaining a court order. This precautionary measure helps ensure immediate action by authorities.

Courts consider the child's best interests, emphasizing a meaningful relationship with both parents and protection from harm. Judges pay close attention to the child's well-being and psychological impact during recovery order proceedings.

Applying for a Child Recovery Order

Those with a relationship, parenting responsibility, or genuine concern for the child's welfare can apply for a recovery order.

Applying Without Parenting Orders

Even without existing parenting orders, you can apply for a recovery order, including measures to prevent future unauthorized removal.

There is no specific waiting period, but it's crucial to ensure a recovery order is appropriate before filing, considering urgency and the deliberate nature of the situation.

Child's Preference

If the child genuinely does not want to return to the other parent, this can be presented to the judge for consideration.

This guide provides an overview of the steps and considerations involved in ensuring the safe return of your child when taken without permission. At Genuine Legal, we are dedicated to offering you expert legal help to ensure that your legal matters are handled with care and professionalism. Feel free to contact us!