Parent Taking Child Without Permission? Here's What You Should Do

Nothing scares and angers a parent more than their child going missing because of their ex. A parent taking a child without permission? That's just outrageous and disrespectful. Cases like this involve a divorced couple with one parent feeling like they deserve more time with their child.

Though other parents do this because of the other parent's violent or abusive tendencies. Whatever the reason is, parents should inform each other of their child's whereabouts, especially if there are parenting arrangements in place, such as parenting orders or a parenting plan.

As a parent in this situation, you might think that the best way is to call the authorities right away. However, you should remain calm and know your other options, since there are also non-legal options.

Parent Taking Child Without Permission: Are There Non-Legal Options?

Indeed, a parent taking a child without permission is highly alarming. Calling the police and going to court might be costly. Instead, you should opt for non-legal options that are best suited for parents who don't have the money to pay for legal expenses.

Assuming the other parent does not have a domestic violence order in place, preventing contact with you or your child is likely, not dangerous. Your first course of action should always be to try and civilly discuss the matter with the other parent.

In some situations, even though the parent who took the child without permission may not be a danger to you or the child, tensions may be high amongst you, which does not facilitate any productive discussion. Your second option would be to have a mutual friend or relative reach out to them on your behalf to attempt to resolve the matter.

Now, what if the first two options don't work? Then we can proceed with the final option, which is to contact a family lawyer. They can reach out to out on your behalf on an informal basis before pursuing any legal opportunities. This can be very effective, as the family lawyer can inform them of all the legal consequences of their actions if they choose not to return the child.

The Family Law Act Protects and Promotes Child Safety

The Family Law Act 1975 is the primary law that governs family law matters in Australia. Section 60CC of the Family Law Act explains the importance of the child's best interests, which states a child's need for a:

1. Safe space free from abuse or domestic violence
2. Meaningful relationships with their parents and any other important people in their lives.

Regardless of a child's parents' relationship, they have a moral and legal obligation to maintain their relationship for their child. Divorce should not stop them from forgetting about their parental responsibility over their child.

Read: Parental Responsibility | Family Law | JB Solicitors

How Do I Apply For a Recovery Order Or Location Order?

Non-legal options can only work to an extent. So, if the other parent taking your child without permission, you also need to think of legal options.

Your legal option is to apply to the Federal Circuit and Family Court for a location order and recovery order. A recovery order will provide for an organisation or person to provide directly to the family court for information about the child's whereabouts and recover the child. So, how do you apply for one?

1. Your first option is to find out if there is an existing or pending parenting case. If there are existing parenting orders, then you need to file an application in a proceeding and an affidavit. The affidavit must contain details that support your request for the order.
2. Now, if there is a pending parenting case, you can apply for the recovery order as part of a new request.
3. Next, you should provide a copy to the Australian Federal Police of the recovery order since they can help find, recover, and return your child.

Parent Taking Child Without Permission: Preventive Measures

The Australian Federal Police can also help parents who think their child might get taken away without their consent. How? They can place your child's name in the Family Law Watchlist to prevent a parent from taking a child without permission from the other parent.

This can also prevent instances of international parental child abduction where a parent takes a child overseas without the other parent's consent or knowledge. Yes, as sad as it looks, some parents even commit international child abduction. If you want to know more about this, click here.

You can also lodge a child alert request to prevent your child from being taken away from you without your consent. A child alert request prevents the issuance of a passport to your child. However, this won't stop your child from travelling if they already

Parent Taking Child Without Permission: Family Dispute Resolution

Usually, when another parent has taken your child without permission, you will need to attempt to reach an agreement with the other parent before commencing court proceedings. Yes, it's difficult to see that some parents still want to talk to the other parent who abducted their child. Such parents still want to make amends with the other parent even after a heinous crime.

For this to work, both parents must enter into a family dispute resolution mediation session with a registered practitioner or mediator. If they cannot reach an agreement, they will need to go to court for parenting orders.

Now, what if your matter is urgent and you don't want to undergo mediation? You may not be required to attend mediation before commencing court proceedings in the following situations:

• A party cannot effectively participate – e.g. when they are too far or have an incapacity of some nature.
• When applying for consent orders
• Where the matter is urgent
• When responding to an application
• Where there is family violence or child abuse
• If you believe your children are at risk
• Where the other parent has breached any court orders made within 12 months

Do You Need To Take Matters to the Family Court?

It is important to note that when the situation of a parent taking your child without permission occurs to remain calm and consider the legal and non-legal options available to you. If you have exhausted your non-legal options, you should seek legal guidance as soon as possible to consider your next steps.

Here at JB Solicitors, we'll make the process as pain-free as possible. We will walk with you through all the legal steps to recover your child safely and make sure the other parent faces the consequences.

Seek legal advice and contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.

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If you have any more questions regarding a parent taking your child without permission or any other family law matters, head over to our blog section for more informative articles on a wide range of family law topics.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.