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Non agreement and consent order

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what legal powers do consent order give?

HI
 
 Having dramas with the ex.  been ongoing for a while. we have orders in place.  for holidays its 50/50 by agreement and failing agreement, stipulates parent A from end of school to 3pm xmas day, then week about after that.  Orders allow for alternate years.  If we dont reach agreement and ex stipulates certain dates and I still don't agree, what would happen if i 'took' the girls away :ninja: for the period stipulated in the orders and returned them on the day as per the non-agreement clause in the orders for the xmas holidays?
 
 tks
Interesting thought.

It would depend on the interpretation of the Orders and proof that no agreement was met.  My thought would be that a possible recovery order could be requested for 'recovery' of the children, however, the requestor would have to prove by the Court orders that they are the parent whom the child would be with.

A recovery order is defined in section 67Q of the Family Law Act 1975. It is an order of the Court that can require 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

I guess it would also depend on interpretation sect 67Q.  The ex is a parent of the child as are you.  The Court orders, by non-agreement, allow for the child to be with you at that time.

Looking at my post, i realise all i have done is perhaps voice my thoughts on the matter and given no solution.

Perhaps one of the more experienced posters here could perhaps point to a precedent where application for recovery was denied as the other parent was behaving in accordance with the current orders.

I'm perhaps on the flipside - i have an ex who is planning an interstate holiday that i don't agree with.  Whilst she stated she will come back, can i do a recovery order where the children may in fact still be returned, just not in accordance with the Orders?  On reading about recovery orders, you need to indicate "why it is in the child's best interests to be returned to you"  and "the likely impact on the child if a recovery order is not made".  What argument could be used to support those two factors?

(note: i am the 'EOW' parent)

Also, I am not experienced in family law and any ramblings i make should not be considered legal advice.

Grey
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