06 March 2020
Children – Recovery and live with orders – Parent against grandparents
The grandparents have taken our client’s child into their care following the death of the child's mother who was their daughter. What court application would the father need to make to seek the return of the child and who would be named as the other party?
Thank you for the question.
An initiating application with an affidavit in support and notice of risk needs to be filed in the Federal Circuit Court. The orders sought would be to have the child returned to the father and that the child live with the father and possibly spend time or communicate with the maternal grandparents. The grandparents will be named as the first and second respondents.
Family dispute resolution must be attempted first unless one of the exemptions under s 60I(9) of the Family Law Act applies.
Regards
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