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A recovery order may be sought from the Family Court to return a child to the person who is responsible for the child’s care. This order may be necessary if a parent refuses to return the child to you, or the child cannot be found. Recovery orders are made for recovering a child from a place within Australia. It is not necessary for a parenting order to be in place to be able to file for a recovery order.
A recovery order can also prohibit the person from taking possession of the child again and may authorise the arrest of the person if this occurs. The recovery order will remain in force for the period specified in the order, or for 12 months, whichever is the shorter period.
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We can help you get your children returned.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
What is surrogacy?
Surrogacy is a method of assisted reproduction where a woman carries a child on behalf of another person or couple. The woman carrying the child is called the birth mother and the person or couple are called the arranged parents.
Sometimes the child will be the biological child of the birth mother and the arranged father or a donor. This is called traditional surrogacy.
Gestational surrogacy is where an embryo is created using either the arranged parents or a donor’s egg or sperm. The embryo is then transferred to the birth mother’s womb. In this case the birth mother would have no genetic relationship to the child.
How it works
The surrogacy arrangement can involve either traditional surrogacy or gestational surrogacy. Western Australia is currently the only state in Australia where traditional surrogacy is permitted.
The surrogacy arrangement must not be a commercial one. That is, the birth mother cannot receive any payment other than for the reasonable expenses associated with the pregnancy and birth. It is an offence to enter into a surrogacy arrangement for reward or to assist someone else to do so. There are also other offences around publishing anything in relation to surrogacy arrangements for reward.
What's involved?
There is a formal process that must be followed for the surrogacy arrangement to achieve the end result of the intended parents obtaining legal parentage for the child.
There are very specific requirements under the Surrogacy Act 2008 (WA). These include:
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
Our Process
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure the recovery order is completed properly..
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
Helpful Information
What is surrogacy?
Surrogacy is a method of assisted reproduction where a woman carries a child on behalf of another person or couple. The woman carrying the child is called the birth mother and the person or couple are called the arranged parents.
Sometimes the child will be the biological child of the birth mother and the arranged father or a donor. This is called traditional surrogacy.
Gestational surrogacy is where an embryo is created using either the arranged parents or a donor’s egg or sperm. The embryo is then transferred to the birth mother’s womb. In this case the birth mother would have no genetic relationship to the child.
How it works
The surrogacy arrangement can involve either traditional surrogacy or gestational surrogacy. Western Australia is currently the only state in Australia where traditional surrogacy is permitted.
The surrogacy arrangement must not be a commercial one. That is, the birth mother cannot receive any payment other than for the reasonable expenses associated with the pregnancy and birth. It is an offence to enter into a surrogacy arrangement for reward or to assist someone else to do so. There are also other offences around publishing anything in relation to surrogacy arrangements for reward.
What's involved?
There is a formal process that must be followed for the surrogacy arrangement to achieve the end result of the intended parents obtaining legal parentage for the child.
There are very specific requirements under the Surrogacy Act 2008 (WA). These include:
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
When seeking your children to be returned we are sure you will have lots of questions.
Some of the most popular ones past clients ask are listed below.
What are the rules on paying for someone to carry a child?
It is an offence to enter into a surrogacy arrangement for reward or to assist someone else to do so.
Can the child carrier change her mind and keep the baby?
Surrogacy arrangements are not enforceable. This means that the arranged parents cannot rely on the usual contractual remedies to enforce the surrogacy arrangement.
Can a legal agreement between the parties help?
Surrogacy arrangements are not enforceable. This means that the arranged parents cannot rely on the usual contractual remedies to enforce the surrogacy arrangement.
Get the best possible outcome with our team.
Some recent outcomes are below.
Outstanding Trial Result – Perth Man
After trial in the Family Court of WA, Perth man who was a 66 year old man retained an overall percentage division of 90%. His former wife, a 44 year old woman retained 10%. This was a short marriage with no children of the marriage. There were few non-financial contributions, if any. Perth man made the overwhelming financial contributions in this marriage, both initially and during the marriage.
Negotiation Master Class – Perth Woman
After negotiations and an informal conference, a 49 year old woman, obtained her desired outcome from a 7 year defacto relationship with a 48 year old man. She made the majority of the homemaker and nonfinancial contributions throughout the relationship, and there were no children. Legal costs were kept to a minimum throughout these negotiations.
Agreement Made – Perth Woman
After negotiations, the parties reached an agreement and Perth man, a 56 year old women retained 71% of the asset pool. Perth man was married to the husband, a 49 year old man, for 29 years. There were 2 children of the marriage, both over 18 years. Perth man had severe health issues which impacted on her ability to work and the husband was on a high income.
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