My ex-partner has taken our children without my permission… What can I do?

My ex-partner takes the kids without my permission – what should I do?

If you have a Court Order that the children live with you and the children have not been returned, the first thing you need to do is try to talk to the other parent and see if you can reach any agreement about the return of the children. If you can’t speak to the other parent or they refuse to discuss returning the children you can apply to the Court for a Recovery Order.

A Recovery Order is an order from the Court which allows Federal and State Police to return the children to you.

What if I don’t have any Court Orders about the children?

If you do not have a Court Order that the children live with you, you should still try to speak to the other parent and see if you can reach an agreement. If you cannot reach an agreement then you can apply to the Court for a Recovery Order and at the same time you should apply for Parenting Orders.

Parenting Orders are orders made by a court which would usually address who is responsible for making decisions about the children, where the children will live and when they will spend time with both parents. Parenting Orders can be made by a Judge, Federal Magistrate or Local Court Magistrate. It is also possible that you and the other parent can agree on what orders will be in place.

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