It may become necessary to seek a recovery order from the Family Courts.  A recovery order is defined in section 67Q of the Family Law Act 1975 and is an Order for a child or children to be returned to a:

  1. Parent of the child;
  2. A person who the child  lives with under a parenting order; or
  3. A person who has parental responsibility for the child.

A recovery order may direct your former spouse or partner to deliver the child or children to you or it may direct a person/s to recover and deliver the child or children to you. Most often it is the police who may be directed to find, recover and deliver the child or children.

There are situations where the child or children have not been returned and they are also unable to be located. In those circumstances there may be the need to apply for a location order.  A location order requires a person or government agency to give the Court any information they have as to the child’s or children’s location.

When the Court is deliberating whether to make the Order for the recovery, they will do so by considering what is in the best interests of the child or children.

A recovery order can be made whether  there are parenting orders already in place or not. If there are no parenting orders already in place it would be recommended to take that opportunity to seek parenting orders for the ongoing care of the child or children.

Please note the answers provided are for your general information only and we ask you to call our office on 02 6336 1485 to obtain detailed legal advice for your individual situation.

Lauren Ryan | Family Law Solicitor