Recovery Orders

Recovery Orders

What is a Recovery Order?

This is an Order made by the Court (usually the Federal Circuit Court) that requires a child or children to be returned to a parent of the child, or a person who has a parenting order that states the child lives with, spends time with or communicates with that person, or a person who has parental responsibility for the child.

Can I get a Recovery Order even if I don’t have Orders for the children to live with me?

In short, the answer is yes. If you are a parent of the child/children, you can apply for a Recovery order if the other parent has removed the children or the children are in danger.

How do I apply for a Recovery Order?

Typically, an application is made to the Federal Circuit Court (sometimes the Local Court). In your Application we will seek specific Orders. These Orders (if made by the Court) will authorise the Police to recover the child/children. In addition to your Application, we will also prepare an Affidavit for you. An Affidavit is your story to the Court, it tells the Court things such as who the children have been living with, the time that the children have been spending with each of their parents, the circumstances around the children being removed by the other parent, any safety factors and reasons why the Court should make the Recovery Order that you seek.

I have a Court Order that says the children live with me, why can’t the Police just go pick them up from the other parent?

This is a very common question. Unfortunately, our system does not work that way and the Police do not have the power to collect the children without a Recovery Order. Even though you might have Orders that say the children live with you or that they are supposed to be spending time with you, the Police cannot act on those Orders. This is why it is important you get advice and act quickly in regards to obtaining a Recovery Order.

How long does it take to get a Recovery Order?

Generally, this type of application will be treated urgently by the Court and you will get a listing much quicker than other matters. However, there is no specific timeframe as it all depends on which court and the area where you have applied as some courts have longer lists than others.

If you or someone you know needs advice about Recovery orders, please contact Turnbull Legal Solutions via the ‘contact us’ button on our website, or by calling 1300 101 529 or by emailing nicole@turnbulllegal.com.au. We are here to help.

Recent Articles

First Home Buyers Choice - what is it and what does it mean for you?

16th January 2023

From 16 January 2023 eligible first home buyers can now choose between paying the one-off Transfer Duty (stamp duty)... Read More

What is Spousal Maintenance?

13th August 2019

Spousal maintenance is financial support paid by one party to another following separation. Spousal maintenance is intended to financially... Read More

Left out of a Will?

05th July 2019

If you have been left out of a Will, it is important that you get legal advice about your... Read More

What is the Difference Between Orders and a Parenting Plan?

28th June 2019

Orders Orders are made by a Court, sometimes by Consent of the parties and sometimes by the Judge after a... Read More

Family Law and the Court Process

29th May 2019

If you have been served with an Application by your ex-partner, you need to obtain expert legal advice. Seeing... Read More

New Drink Driving Laws in NSW - what they mean for you

24th May 2019

From 20 May 2019, if you are caught drink driving the Police can either issue an infringement notice (an... Read More

Separation & Property Settlements

09th May 2019

When you separate, it is extremely important to divide assets and liabilities as quickly as possible. Not only will... Read More

5 Common Questions about Probate

24th April 2019

What is Probate? Probate is the process where the Supreme Court checks and verifies ("proves") the last Will of the... Read More

5 Common Questions about Wills

10th April 2019

What is a Will? A Will is a legal document that details your wishes about how you want your assets... Read More