Recovery of missing children

Family Law: 23 March 2019

In a recent case, the Family Court of Australia has sought public assistance to help locate Annaleise Grace Harris-Edwards, who is believed to be with her maternal grandmother, Bronwyn Edwards.

On 8 October 2012 the Family Court of Australia ordered that 4 year old Annaleise Grace Harris-Edwards (DOB 20 December 2007) live with her father.  When her father attended her preschool to pick her up Annaleise was not there and has not been seen since.

The Family Court of Australia has now made orders for Annaleise's recovery[1]

A recovery order of the Court requires a child be returned to a:

• parent of the child
• person who has a parenting order that states the child lives with, spends time with or communicates with that person, or
• person who has parental responsibility for the child.

A recovery order can also authorise police officers to take appropriate action to return a child to one of the people listed above. Such an order can also prohibit the person from again removing the child. In these cases, a recovery order can authorise the arrest of the person who again removes or takes the child.

It is important to remember that once a parenting order is made by the Court, the compliance of the orders is strict.  If circumstances arise which warrant a change to the orders, the appropriate course of action is to seek those changes with the other parent through mediation or ultimately by issuing court proceedings.

Should you require any assistance in relation to changing your current parenting orders or otherwise in obtaining a recovery order for the return of your child, please do not hesitate to contact the Family Law Team at Aitken Partners.

[1] Family Court of Australia

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/home/