Missing Children and Recovery Orders
In this issue, we explore a rather heavy topic.
Married couples inevitably quarrel. Arguments between adults often involve innocent children, and in the heat of the moment some may even consider taking the children and leaving home.
All too often, those eager to get home and see their children’s faces find instead that the children have disappeared along with the spouse they argued with—along with the children’s toys, personal belongings, birth certificates, passports, and so on.
You call, but there’s no answer;
You message, but you’ve been blocked;
You ask relatives for help, but most are overseas and out of reach…
Where on earth is my child?
If the children are school–age, you may discover that the other parent has already contacted the school to arrange a transfer.
Worse still, you recall threats to “make you regret it” by taking the child—what will happen to my child? Are they in danger? If that person snaps, what then?
Such an experience inflicts a tremendous shock on the parent left behind.
Some may think this sounds exaggerated, but in most of these cases it’s sadly all too common. Parents who lose their children feel panic, helplessness, confusion, and anger all at once.
If you ever face such a situation, remember that the law can help you recover your missing child.
Under current law, the court can issue orders to any agency or individual who may know the child’s whereabouts, requiring them to immediately provide information on the child’s location and welfare. Those who refuse may be held in contempt of court.
If you only have a general idea of your child’s whereabouts—and the relevant agencies cannot act swiftly while your child may be in extreme danger—you can apply to the court for a Recovery Order, enlisting the court’s and the police’s assistance to bring your child back to you immediately.
A Recovery Order is one of the highest–priority court documents. While police response times sometimes disappoint, when executing a Recovery Order they mobilize with maximum urgency—often sending a male and a female officer together. To date, no parent has defied a police order to hand over a child.
All of the above may be grounds for an expedited application, asking the court to “jump the queue.” Because of their seriousness and complexity, such orders are not granted lightly—professional, in-depth legal expertise is essential.
We hope you never have to face these circumstances. But if you do, remember to wield the weapon of the law to protect your child.
See you next issue.
Editor’s Note:
Mr Ren is originally from Guangzhou, China and has practised for many years. He is now the Principal Lawyer at LJR Legal.
Embracing modern technology, speaking the languages of our Chinese community, and serving as your dedicated legal advisor has been Mr Ren’s mission throughout his career.
As a full-service practitioner, in addition to his deep expertise in Family Law, Mr Ren also specialises in:
- Contract Law
- Intellectual Property Law & Trademark Registration
- Commercial Litigation
- Corporations Law & Corporate Governance/Compliance
- Debt Collection
- Creditor’s Bankruptcy Petition & Corporate Liquidation
- Employment Law
- Immigration Law & representation in the Administrative Appeals Tribunal and Federal Circuit Court of Australia
- Criminal Law
- Wills & Estate Planning
- Business & Property Conveyancing
- …and many more.
Address: LJR Legal, Suite 46/328 Albany Hwy, Victoria Park WA 6100
Phone: 08 6163 3699
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Disclaimer: This column provides general legal discussion only. The text, images, and any content herein do not constitute legal advice, nor does Mr Ren intend by this column to advise its readers. If you require advice tailored to your circumstances, please arrange a confidential one-on-one consultation with Mr Ren. Neither this column, the magazine, nor Mr Ren accepts liability for any loss arising from anyone’s use of its content.