If there is a parenting order in place and one parent does not return the child to you then you can apply to the Court for a recovery order. This means that you are asking the Court to order that the other parent or person return the child. A recovery order will say that the child should be spending time with you and is enforceable by the police and other authorities.
If you don’t have already have parenting order you can apply seeking parenting orders at the same time of the recovery order.
A grandparent is also able to apply for a recovery order and a grandparent is in the higher position that they do not need to have an existing parenting order in place. A grandparent is able to apply for a recovery order as of right. There are other people who may have the parenting responsibility of the child that can apply for a parenting order as well.
A recovery order is one of the more urgent applications that the Federal Circuit Court of Australia will hear. To apply for one an Affidavit, Application, Notice of Risk and letter of urgency need to be produced to the Court at the time of filing. A Registrar, or Court officer, will then consider the application and determine when it will be listed.