Event and Time
Event Description
A review application was filed regarding a recovery order concerning a child, X, born in 2010, who has been absconding. The application for review was made due to issues stemming from the enforcement of a previous recovery order. The circumstances surrounding the child's custody and welfare have been contentious between his parents, leading to further litigation.
Application and Claims
- The mother claims that since the final parenting orders were made on 26 May 2023, X had resumed a more positive relationship with her, which included attending school and socializing.
- The father asserts that X has been experiencing self-harm thoughts and has recently been injured while fleeing from his mother after police enforced a recovery order.
Judicial Decisions
- The Application for Review filed on 30 January 2024 has been adjourned.
- Orders were made directing NSW Health, NSW Police, and the Department of Communities and Justice to provide relevant documents regarding X's welfare.
- The mother and father were granted leave to issue subpoenas to obtain additional necessary evidence.
Dispute Points and Legal Basis
Dispute Points
- Mother's Position:
- X has remained safe and engaged during the period he lived solely with her. - Claims of X calling her "mum" instead of using her first name indicate a positive emotional connection. - No evidence supports the father's claims that X has absconded during her care.
- Father's Position:
- Claims that X has exhibited concerning behaviors, including self-harm and absconding. - Asserts that X was injured when he attempted to escape police action during the enforcement of the recovery order. - Concern for X's safety and ongoing mental health issues.