When a child is taken or not returned to their primary carer, it can be extremely distressing for both the parent/carer and the child.

This article provides practical guidance if you are in this situation. It is important to seek urgent legal advice from a family lawyer.

What is a recovery order?

A recovery order is an order made by the Federal Circuit and Family Court of Australia (FCFCOA). It requires a child to be returned to a parent or another person (such as a carer or grandparent).

A recovery order can authorise or direct a person (such as a police officer) to locate, recover and deliver a child to the applicant parent/carer. If you don’t know where your child is, you can also seek orders to locate the child. The Court takes these applications seriously.

When is a recovery order needed?

A recovery order may be needed in situations such as:

1. When a child is not returned after spending time with the other parent; or

2. When a child is taken without consent.

Who can apply?

Under the Family Law Act 1975 (Cth), the following people can apply for a recovery order:

1. A person the child lives with, spends time with, or communicates with under a parenting order;

2. A person with parental responsibility for the child under a parenting order;

3. A grandparent of the child; or

4. Any person concerned with the child’s care, welfare or development.

How the FCFCOA approaches these applications?

When deciding whether to make a recovery order, the Court’s primary consideration is the best interests of the child. This is a case-by-case assessment, as each family is different. Not all applicants are successful as a recovery order is not always appropriate in each case, which is why urgent legal advice is necessary. It is important to obtain tailored advice about your circumstances early.

What if my child has been taken overseas?

If your child has been taken overseas without your consent or an order of the Court, this is a different process. You may receive assistance under the Hague Convention on the Civil Aspects of International Child Abduction, depending on the location of the child. This is a complex area of law. Again, it is important to seek urgent advice from a family lawyer.

Dobson Mitchell Allport have extensive experience in both recovery and international child abduction matters. If you would like to speak with our experienced Family & Relationships Law team, you can contact us via email:

If your matter is urgent or relates to a recovery order, please contact our team on (03) 6210 0000.