Recovery and Location Orders

A recovery order allows persons, such as police officers, to take appropriate action to find, recover and deliver a child to the parent or primary carer. As well, a recovery order can provide directions about the day-to-day care of a child until the child is returned or delivered.

A recovery order can also prohibit the person from again removing or taking possession of the child. In these cases, a recovery order can authorise the arrest (without warrant) of the person who again removes or takes possession of the child.

You can apply for a recovery order if you are a person who the child lives with, spends time with or communicates with as stated in a parenting order, a person who has parental responsibility for the child in a parenting order, a grandparent of the child or a person concerned with the care, welfare and development of the child. For example, you may be the person who the child lives with or spends time with but there is no parenting order available to state this.

A location Order is an Order that requires a person or entity, such as Centrelink, who may have information on where the child is to provide the Registrar of the court with such information. A location Order may be used if you think your child is still in Australia but don't know where.

The team of experienced family law practitioners at Andrew Wiltshire Family Lawyers are able to provide prompt and accurate advice in relation to obtaining recovery and location orders. To find out more please contact us for an initial assessment.