In the event that a parent doesn’t return a child to you despite the existence of a parenting order, you can apply for a recovery order from the Court. This order compels the other parent to return the child to you and can be enforced by the police and other authorities.
If you don’t have an existing parenting order, you can apply for both parenting and recovery orders simultaneously.
Unlike other parties, a grandparent can apply for a recovery order without an existing parenting order. Other individuals with parenting responsibility for the child can also apply for a parenting order.
A recovery order is considered an urgent application, and the Federal Circuit and Family Court of Australia (FCFCOA or family court) will prioritise such cases. To apply, you’ll need to produce an Affidavit, Application, Notice of Risk and letter of urgency upon filing the application. After submitting the required documents, a Registrar or Court officer will review your application and schedule a hearing.
If you need assistance with a child recovery order, contact PCL Lawyers. Our family lawyers in Sydney can provide guidance and support through the entire process to help you achieve the best outcome.