What is a Recovery Order?
A Recovery Order is defined under The Family Law Act – you can find a link to the law here.
It is used by the court to order the return of a child / children to the parent of the child, person who lives with the child, or the person who has parental responsibility for the child.
Who is eligible to apply for a Recovery Order?
The primary carer of the child is able to apply for a Recovery Order.
Establishing who is the primary carer is done through either providing an existing Court order or giving evidence to the Court by way of Affidavit
When should I apply for a recovery order?
If your child / children were taken without permission, you should apply for a Recovery Order immediately. The more quickly you take action and start the legal processes, the sooner your child will be back in your custody.
If you take action soon after the child was taken, the court can see it is important to you that the child be returned as soon as possible. This can help you down the road in your ongoing family law matter.
If for some reason you decide to wait, you will need to file for an Initiating Application rather than a Recovery Order. An Initiating Application is not considered an urgent request by the court and will be delayed in its first return for several months.
Where should I apply for a Recovery Order?
The Family Law Act is a Federal law and is heard by the Federal Magistrates Court or the Family Court.
In some limited circumstances a local court may hear your Recovery Application and they will then transfer the proceedings back to the correct Court.
Your child custody lawyer will discuss with you the best options for your matter and moving forward.