Recovery Orders in Melbourne

Swift legal action to recover your child when wrongfully retained

Time-Critical Legal Matter

Recovery orders are urgent applications. If your child has been wrongfully taken or retained, immediate legal action is essential. Contact a recovery order specialist today.

What Are Recovery Orders?

Recovery orders are urgent court orders issued under Section 67Q of the Family Law Act 1975. They're powerful legal tools used when a child has been wrongfully removed or retained, requiring the immediate return of the child to their rightful carer. In Melbourne, experienced recovery order lawyers can help you navigate this emergency process to ensure your child's swift and safe return.

When You Need a Recovery Order

Wrongful Retention

  • • Parent refuses to return child after agreed time
  • • Child not returned after school holidays
  • • Keeping child beyond court-ordered time
  • • Withholding child without legal right

Wrongful Removal

  • • Child taken interstate without consent
  • • International child abduction attempts
  • • Relocation without permission
  • • Hiding child's whereabouts

Powers Under Recovery Orders

Recovery orders grant extensive powers to ensure child recovery:

  • Police Assistance: Federal Police can recover the child
  • Property Entry: Authorised entry to retrieve child
  • Location Orders: Require disclosure of child's location
  • Restraining Provisions: Prevent further removal
  • Airport Watch: Prevent international travel
  • Passport Surrender: Confiscate travel documents
  • Third Party Orders: Apply to anyone withholding child
  • Contempt Powers: Enforce compliance

The Recovery Order Process

1

Urgent Legal Consultation

Meet with a recovery order specialist immediately. They'll assess your situation, review existing orders, and determine if you meet the criteria for an urgent application.

2

Prepare Application

Your lawyer prepares an urgent application including:

  • • Affidavit detailing the wrongful retention/removal
  • • Evidence of existing parenting arrangements
  • • Risk assessment for the child
  • • Proposed recovery plan
3

Ex Parte Hearing

In urgent cases, the court may hear your application without notifying the other party (ex parte) to prevent the child being hidden or moved further.

4

Court Makes Orders

If satisfied, the judge issues recovery orders with specific directions for child recovery, often including police assistance provisions.

5

Execution of Orders

Orders are served and executed, often with Federal Police assistance. The child is recovered and returned according to court directions.

6

Follow-up Proceedings

Return date hearing scheduled (usually within 14-21 days) for ongoing parenting arrangements and any breach consequences.

Evidence Needed for Recovery Orders

Essential Documents

  • • Existing parenting orders
  • • Parenting plans or agreements
  • • Communication showing refusal to return
  • • School enrollment documents
  • • Medical records showing usual residence
  • • Police reports (if made)

Supporting Evidence

  • • Timeline of events
  • • Witness statements
  • • Photos/videos of usual routine
  • • Travel bookings or plans
  • • Social media evidence
  • • Previous breach history

Important Considerations

Recovery orders are serious legal remedies with significant consequences:

  • • False or misleading information can result in criminal charges
  • • Costs may be awarded against unsuccessful applicants
  • • Orders must be in the child's best interests
  • • Alternative dispute resolution may be required first (unless urgent)

Special Circumstances

Interstate Recovery

When a child is taken to another state:

  • • Recovery orders are enforceable Australia-wide
  • • Federal Police coordinate interstate recovery
  • • May need local counsel in destination state
  • • Court can order child's return to home state

International Recovery

For international child removal:

  • • Hague Convention may apply (member countries)
  • • Urgent airport watch list applications
  • • Passport alert systems
  • • Coordination with Department of Foreign Affairs
Learn about international child abduction →

Family Violence Situations

When family violence is involved:

  • • Safety of all parties considered
  • • Supervised recovery may be ordered
  • • Protective conditions can be included
  • • Coordination with family violence services
Get family violence legal help →

After Recovery: Next Steps

Once your child is recovered, important follow-up steps include:

  1. 1 Ensure child's wellbeing: Consider counselling or support services
  2. 2 Attend return hearing: Court will review ongoing arrangements
  3. 3 Seek variation of orders: Update parenting orders to prevent recurrence
  4. 4 Consider contravention action: For breaches of existing orders
  5. 5 Implement safeguards: Passport alerts, school notifications

Find Recovery Order Lawyers in Melbourne

Time is Critical in Recovery Orders

The sooner you act, the better the chances of swift recovery. Many lawyers offer same-day emergency consultations for recovery order matters.

Request Urgent Consultation

Related Emergency Legal Services

Recovery orders often intersect with other urgent family law matters. Our network includes specialists in all areas.

Act Now to Recover Your Child

Every hour matters in recovery order applications. Connect with experienced lawyers immediately.