Recovery and Location Orders

In parenting matters, most of you will be familiar with orders relating to “parental responsibility,” “lives with” and “spends time with.”  However, there are other important orders the court is able to make upon the application of a party.

What is a recovery order?

A recovery order is an order made by the court which requires a child to be returned to your care if the other party is withholding the child.  The following people are eligible to make such an application:

  1. A person who the child lives with spends time with or communicates with as stated in a parenting order;
  2. A person who has parental responsibility for the child in a parenting order;
  3. A grandparent of the child; or
  4. A person concerned with the care, welfare, and development of a child.

In their usual terms, officers of the Australian Federal Police or officers of State and Territory Police are authorised or directed by the court to find, recover and deliver the child to your care.

A recovery order is usually valid for 12 months from the date of issue by the court.

Whether or not you will be successful in obtaining a recovery order, will depend on the circumstances of your case.

What is location or information order?

If at the time of making an application to the court for a recovery order, you do not know the whereabouts of the child, you can seek what is known as a location or information order. These are orders requiring a Commonwealth Government department, such as Centrelink to give the court information on the child’s whereabouts if known.

What do I do now?

If you wish to urgently make an application for a recovery order, or you have been served with documents in which the other party has initiated proceedings seeking a recovery order for a child who is in your care, please contact us to make an appointment today.

Obtaining advice at the outset is critical in these applications.