11 March 2016
Hello
If a client has obtained a recovery order from the Family Court and the child is with the mother in New Zealand, what is the best process to use in order to enforce the recovery (in NZ)?
Kind regards.
Thanks for your question.
Once served with the recovery order the mother might return the child voluntarily once she is aware that it will be enforced if she fails to do so.
Rule 24 of the Family Law Regulations 1984 sets out the procedure for registering an Australian court order in a prescribed overseas jurisdiction. New Zealand is a prescribed overseas jurisdiction.
Alternatively, an application can be made under the Hague Convention. See the Children commentary in the Family Law Legal Guide.
Regards
Mentor
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