Family Law Children

Recovery Orders – What if someone overholds my child?

What is a Recovery Order?

If your ex-partner has relocated with your child or has overheld your child and has not obtained your permission first, your lawyer can file an Application with the Court seeking a Recovery Order for the child to be returned to you.

A Recovery Order can authorise or direct someone or an entity (such as the Australian Federal Police) to take action to recover a child to be returned to:

  1. a parent of the child;
  2. a person who has a parenting order stating that the child lives with, spends time with, or communicates with them; or
  3. a person who has parental responsibility for a child.

Am I eligible to apply for a Recovery Order?

You can apply for a Recover Order if:

  1. you are a parent of the child;
  2. the child lives with, spends time with, or communicates with you under a current parenting order;
  3. you have parental responsibility for the child under a current parenting order;
  4. you are a grandparent of the child; or
  5. you hold concerns for the safety, welfare, care and development of the child.

If you do not know where the child is, you may also apply for a Location Order which will direct a person or entity to provide information which may assist with determining the whereabouts of a child.

What happens once I’ve applied?

The Court will make an assessment of what is in the best interests of the child and, if satisfied, will make a Relocation Order which may direct any of the following:

  1. The other parent must deliver the child to you by a certain date and time; or
  2. A third party must deliver the child to you by a certain date and time; or
  3. An entity, such as the Australian Federal Police, must recover and deliver the child to you.

If your child has been relocated without your permission, you should urgently contact Aston Legal Group on 8391 8411 to book a free 30-minute consultation to discuss making an Application for a Recovery Order.