Summary
Providing your lawyer with all relevant details, including the other partys history of DVOs, is crucial in family law cases. In New South Wales, grandparents can apply for a recovery order if it serves the childs best interests and they have been significantly involved in the childs life. Lack of a custody order and unknown location of the other party may complicate the process.Full Conversation
Is it important to tell my lawyer every little detail about the other party in regards to a family law matter such as the other parties history of dvo’s ?
Yes, it's crucial to provide your lawyer with all relevant details, including the other party's history of Domestic Violence Orders (DVOs). This information can significantly impact your case strategy and potential outcomes. Do you have any specific concerns about sharing this information?
No
Sharing comprehensive information with your lawyer is essential, especially in family law matters involving DVOs. It helps your lawyer build a strong case. If you have no concerns, it's best to be open with your lawyer about all relevant details. If you need more guidance, feel free to ask!
Also the other party is holding our child from me what rights do grandparents have in obtaining a recovery order based on the fact I (the mother live with the grandparents maternal) and I have been primary carer for most of his life
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In New South Wales, recovery orders can be sought to have a child returned to the person with lawful custody. If you are the primary carer and the child lives with you and the grandparents, you can apply for such an order, and grandparents may also have rights under certain circumstances.
- The court considers the child's best interests.
- Grandparents can apply for orders concerning their grandchildren if they are involved in the child's life.
Would you need further guidance on applying for a recovery order?
There is no custody order but we do not know where the other party are living at the moment can the maternal grandparents get a recovery order ?
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In New South Wales, grandparents can apply for a recovery order if it is in the child's best interests and they have been significantly involved in the child's life. The lack of a custody order and not knowing the other party's location may complicate the process. Are you interested in further guidance on how to proceed with the application?
No thanks I’ll speak with my lawyer
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If you have any more questions or need further guidance in the future, feel free to reach out. It's always a good idea to discuss all details with your lawyer to ensure the best outcome for your situation. Take care!