SUCCESS STORY

Victoria

Urgent Recovery Orders Defeated – Child Remains with Mother Over Christmas

EAS Legal was engaged urgently just before a Christmas Eve court hearing involving an application for Recovery Orders for a toddler. Despite expectations that the Court may rule against the mother, urgent submissions were made highlighting the lack of evidence and absence of risk to the child. The Court refused the Recovery Orders, allowing the child to remain with the mother over Christmas and confirming her ongoing majority care.

  • Family Violence

Case Overview

Charge: Allegations of risk to the child

Client: Female client

Court Location: Federal Circuit and Family Court of Australia at Melbourne

EAS Legal was urgently engaged just 30 minutes before a scheduled Court appearance on Christmas Eve in relation to an application for Recovery Orders concerning a toddler.

Our client had been advised prior to the hearing that the Senior Judicial Registrar was likely to make orders in favour of the other party, which would have resulted in the child being removed from her care immediately and over the Christmas period.

With only 15 minutes to obtain instructions and review the circumstances, we appeared in Court and made urgent submissions on our client’s behalf.

During the hearing we successfully argued that:

  • The allegations raised against our client were unsubstantiated
  • There was no evidence establishing risk to the child
  • Removing the child from our client’s care at that stage would be unnecessary and contrary to the child’s best interests

After hearing submissions, the Court refused to grant the Recovery Orders.

As a result:

  • The child remained in our client’s care over Christmas
  • Our client retained majority care moving forward

This matter highlights the importance of experienced advocacy in urgent family law proceedings, where swift preparation and clear submissions can have an immediate and profound impact on a child and parent.

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