Family Court of Western Australia

Affidavit Supporting a Recovery Order Application

The affidavit supporting your recovery order aplication needs to give the Court all the evidence they need to decide whether recovery orders are in the best interests of the child.

Examples of the evidence to include in the affidavit are:

  • Details of your relationship
    • The dates between which you and the other party lived together.
    • The date of your marriage (if you were married).
    • The date on which Parenting Orders were made. (You must provide a copy of the order if the order was not made in Perth).
    • Details of any restraining order or family violence proceedings.
  • Details about the children
    • Where the children usually lives
    • The contact the children have been having with the other party since the order was made.
    • Changes in the arrangements for the children since any Court orders were made
    • Details of any involvement by the Department for Child Protection.
  • Details of how the child was taken from your care
    • The date the children were last in your care
    • The attempts you have made to find the children and have them returned
    • Any communication with your partner about the children and their location
    • Anything communication you have had with the children since they were last in your care
  • Details supporting your request for recovery orders
    • the reasons why you believe the child needs to be returned to you urgently, for example in order to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect, family violence
    • issues that affect the other parent or person’s capacity to care for the child, for example drug and alcohol use, mental health issues or a history of family violene
    • the address where you believe the child is, or where the other parent or person who has the child can be found so that the police can be directed to attend this address
    • Why it is in the best interests of the child that a recovery order is made, and the likely impact if a recovery order is not made.

After completing the affidavit, you need to sign it in front of an authorised witness, usually by a Justice of the Peace or Lawyer. See the affidavit page for more information.

You should seek legal advice when preparing your affidavit, particularly if your application is urgent. The Court won't be able to make the recovery orders unless you have given them enough evidence.

Last updated: 16-Apr-2018

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