Helpful Things to Know About a Recovery Order
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
FEATURED ON
What Is a Recovery Order?
A recovery order is a type of court order that helps get a child back when they have been taken or are being kept away without permission. This might happen after a family breakup or when parenting orders are being ignored.
The court order tells authorities, like the police, to help return the child to the person who is meant to have care of them. That might be a parent, grandparent, or another adult who has been given parental responsibility.
It can also include instructions for looking after the child while they are being returned and can stop the person who took the child from doing it again.
Who Can Ask for a Recovery Order?
Under section 67T of the Family Law Act 1975, a few people have the right to apply. These include:
- A parent of the child
- A grandparent
- Someone who the child usually lives with
- Someone the child sees or talks to because of a parenting order
- Anyone else involved in the child’s care or development
You don’t need to be the biological parent. If you have a parenting order or are part of the child’s everyday life, you may be able to apply for a recovery order.
How to Apply for a Recovery Order
The steps are not simple, but they are clear if followed one at a time.
Read also: Mother Not Complying With Court Order
How Long Does It Take?covery Order?
If the situation is urgent, the court may act quickly. Sometimes hearings happen within a few days. If it’s not urgent, it might take longer.
In urgent cases, the court might hear your request even if the other parent or person is not there. This is called an “ex parte” hearing.
The court looks at what’s best for the child. If it agrees that the child should be returned, the recovery order takes effect straight away.
But the court itself does not go out to find the child. That job often goes to the Australian Federal Police, and they may work with local police to bring the child back to you.
You will usually be told to meet them at a certain place to collect your child once they are found.
What Happens After the Order Is Made?
Once the recovery order is granted, it stays active either for the time stated in the order or for 12 months, whichever comes first.
You’ll need to give a copy of the order to the police or other named persons. The police will then act on the order and try to find your child.
If the police are successful, you may have to be close by to collect your child. This may mean you’ll need to travel to another location.
The court might also say where and when your child should be returned to you, and who can or cannot go near the child during that time.
What If Someone Files a Recovery Order Against You?
If someone files a recovery order application against you, you can respond in court. If the matter is urgent, the hearing might go ahead without you being there.
Still, you have the right to respond. You can file your reply in either the Family Court or Federal Circuit Court.
If an order has already been made and passed to the police, you must not get in their way. Section 67X of the Family Law Act says it is an offence to stop or block a police officer while they’re trying to carry out a recovery order.
If you are in this situation, it’s a good idea to speak with a solicitor or legal service as soon as possible.
Can You Stop a Recovery Order?
Sometimes, you might want to stop a recovery order. This is usually only possible if you can show strong reasons why the child should stay with you.
Some of the things courts have looked at in the past include:
- A real risk of harm or family violence if the child is returned
- Whether the other parent agreed to you moving or keeping the child before the order was made
- Whether you had to move urgently for safety or personal reasons
To have a chance at stopping a recovery order, it helps to bring forward these details clearly. Past court cases can show what judges have looked at before, but each situation is different.
Read also: Blended Family in Australia: Legal Considerations to Know
Learn what steps you can take next.
Where to Get Help
If you need help, you’re not alone. You can find contact details for key offices like the Family Court, the Federal Circuit Court, the Attorney-General’s Department, and the Passports Office on the Australian Federal Police website.
Support groups such as Relationships Australia and Family Relationships Online also offer counselling and guidance.
For legal help, a solicitor or Legal Aid may be able to support you with the process.
When It Feels Like Everything Is Falling Apart
Needing a recovery order or having one made against you is never easy. It can bring stress, worry, and confusion about what to do next. Still, taking calm and steady steps matters most. Whether you are asking for your child to be returned or trying to explain your side, the court will look at what’s best for the child. Being clear, prepared, and informed can help you focus on doing what’s right for them.
Need Legal Support for a Recovery Order?
Are you dealing with a recovery order or afraid one might be filed against you? The team at Justice Family Lawyers can help you understand what comes next and what steps to take. Whether you’re applying for an order or responding to one, our lawyers work with care and clarity. Let us support you in making your next move. Contact us for a confidential discussion and real support when you need it most.
