About Recovery Orders
We can help you get your children returned.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our Process
- The Law
- Recovery Orders
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
THE LAW
A recovery order is an order made by a court doing all or any of the following:
- a) requiring the return of a child to a parent or a person who has parental responsibility for the child;
- b) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to stop and search any vehicle, vessel or aircraft, and to enter and search any premises or place, for the purpose of finding a child;
- c) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to recover a child;
- d) authorising or directing a person to whom a child is returned, or who recovers a child, to deliver the child to a parent of the child;
- e) giving directions about the day-to-day care of a child until the child is returned or delivered to another person;
- f) prohibiting a person from again removing or taking possession of a child;
- g) authorising or directing a person to arrest, without warrant, a person who again removes or takes possession of a child.
PLAIN ENGLISH
A recovery order is an order made by the Family Court for the return of a child to a person who is responsible for the child’s care.
Usually the Family Court will direct the order to the police who will arrange for the return of the child.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
What is a recovery order used for
Situations where you might apply for a recovery order include where:
- the child normally lives with you and spends time with another person and that person refuses to return the child at the end of a visit
- the child has been taken to live in a remote location or interstate without your consent
- the child does not spend time with the other person and that person has taken the child and is refusing to return them
Who can apply
You can apply for a recovery order if you are one of the following categories of people:
- a person who has parenting orders from the Family Court in place about the child
- a grandparent of the child
- a person who is concerned with the care, welfare or development of the child. This would include a parent who does not have Family Court orders in place.
How it works
The Family Court must consider what is in the best interests of the child. Having the police remove a child can be very stressful for everyone involved, particularly children, so the Court must carefully consider if the recovery order is necessary.
You will need to fill out particular forms, file these forms with the Family Court and attend Court to ask for the recovery order to be made. You do not need to attend mediation before seeking a recovery order.
How long does it take
If the situation is very urgent, you may be given a hearing date on the same day as you file your application. The Court will look at various factors and determine how urgent the matter is and allocate a hearing date.
A matter may be considered more urgent where, for example:
- the child is at risk because of violence or substance abuse;
- the child is very young and still breastfeeding;
- the child is at risk of abduction;
- the child has never before spent time with the parent who has removed the child;
- the child has specific medical needs which are unlikely to be looked after by the other person.
If the Family Court grants the recovery order, the police are then able to return the child to you.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure the recovery order is completed properly..
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
The law
Finding yourself charged with common assault can be a worrying and stressful period in your life. We have been through this process with many clients and understand you need to gain a clear legal pathway to put your mind at rest quickly so you can focus on gaining the best posible result. Our process for clients who have a matter relating to common assault is simple, transparent and listed below.
THE LAW
A recovery order is an order made by a court doing all or any of the following:
- a) requiring the return of a child to a parent or a person who has parental responsibility for the child;
- b) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to stop and search any vehicle, vessel or aircraft, and to enter and search any premises or place, for the purpose of finding a child;
- c) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to recover a child;
- d) authorising or directing a person to whom a child is returned, or who recovers a child, to deliver the child to a parent of the child;
- e) giving directions about the day-to-day care of a child until the child is returned or delivered to another person;
- f) prohibiting a person from again removing or taking possession of a child;
- g) authorising or directing a person to arrest, without warrant, a person who again removes or takes possession of a child.
PLAIN ENGLISH
A recovery order is an order made by the Family Court for the return of a child to a person who is responsible for the child’s care.
Usually the Family Court will direct the order to the police who will arrange for the return of the child.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
About recovery orders
What is a recovery order used for
Situations where you might apply for a recovery order include where:
- the child normally lives with you and spends time with another person and that person refuses to return the child at the end of a visit
- the child has been taken to live in a remote location or interstate without your consent
- the child does not spend time with the other person and that person has taken the child and is refusing to return them
Who can apply
You can apply for a recovery order if you are one of the following categories of people:
- a person who has parenting orders from the Family Court in place about the child
- a grandparent of the child
- a person who is concerned with the care, welfare or development of the child. This would include a parent who does not have Family Court orders in place.
How it works
The Family Court must consider what is in the best interests of the child. Having the police remove a child can be very stressful for everyone involved, particularly children, so the Court must carefully consider if the recovery order is necessary.
You will need to fill out particular forms, file these forms with the Family Court and attend Court to ask for the recovery order to be made. You do not need to attend mediation before seeking a recovery order.
How long does it take
If the situation is very urgent, you may be given a hearing date on the same day as you file your application. The Court will look at various factors and determine how urgent the matter is and allocate a hearing date.
A matter may be considered more urgent where, for example:
- the child is at risk because of violence or substance abuse;
- the child is very young and still breastfeeding;
- the child is at risk of abduction;
- the child has never before spent time with the parent who has removed the child;
- the child has specific medical needs which are unlikely to be looked after by the other person.
If the Family Court grants the recovery order, the police are then able to return the child to you.
Make sure the recovery order is completed properly.
Don't risk making mistakes getting your children returned.
Lawyers with recovery order experience
Meet with lawyers who have successfully returned children to their parents.
- Past Cases
- Good Results
- Happy Clients
