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Answered in 37 minutes by:
2/12/2016
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedHello and thank you for your inquiry.
If there is an order in place that the girl is to live with her father then the father can indeed take legal action for her recovery. Whether that action would be against you or not will likely depend on whether you are actively blocking his obtaining access or merely passively allowing her to stay with you. Only the judge can say for certain whether you will be subject to cost orders or not, and it is often the case that the court will make the parties bear their own legal costs if any, though a court may order costs if it appears you have acted unreasonably or accepted the girl into your home without a satisfactory reason or with an intent block the father enforcing his court order.
I would suggest you contact legal aid and see if the girl qualifies for her own free representation, which she may indeed do, as it seems from what you say she does not want to live with her father or mother at this time:
http://www.legalaid.qld.gov.au/Home
http://www.legalaid.qld.gov.au/About-us/Policies-and-procedures/Grants-Handbook/What-do-we-fund/Family-law/Direct-representation-of-children
That way the girl, with the assistance of her representation can in fact deal with any legal action that eventuates herself.
I trust the above assists.
Good luck and PLEASE RATE MY ANSWER.
Patrick
Whilst there is a court order in place and she is a minor the court order stands. Whilst at 15 years of age the court will undoubtedly give very considerable weight to where she wants to live IF her objections are brought before the court, but that is why she needs representation and why I suggested you now refer the matter to legal aid. If an application is not brought before the court by someone who wants the present orders changed (either by the 15 year old child herself, a parent or even yourself) then if the father makes an application for a recovery order there is a considerable likelihood that the court will simply issue the order to enforce the previous custody orders and the police will attend and remove her.
Cost orders would not be made unless you are summoned to court, at which time you can explain your situation, and I would only say you really need representation if it comes to that. Even without representation, if you are merely allowing the girl to stay with you and feeding her, etc, but not actually inhibiting or discouraging her from returning to her father, then I would be surprised if the court would make a cost order against you. I would suggest you write a letter back stating that you have not done anything to prevent the girl going back to her father but that the girl does not want to return and you are not going to physically force her to leave. In the meantime, I would again suggest you contact legal aid to seek representation for the girl as it appears she needs representation if she wants to oppose the order and no one else is willing to take legal action on her behalf.
I trust the above assists.
PLEASE RATE MY ANSWER.
Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
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