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Legal Hotline› Australia› Your Child Has Not Been Returned

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Your Child Has Not Been Returned: Recovery Orders Explained

If the other parent has kept your child past the agreed time, or has taken your child without your agreement, you have options under Australian family law — most importantly, a court "recovery order" that can require your child to be returned and direct police to find and recover them. This page sets out clearly how recovery orders work, what to do now, and where to get urgent help. It is free legal information, not legal advice about your specific situation.

Call now — 1800 951 176

Free legal information, 24/7. Speak to a real lawyer about your situation, any time.

There is no fixed legal deadline for applying, but acting promptly matters: the longer your child stays in the new arrangement, the harder a recovery order can become to obtain, because a court may treat the child as having settled. Getting advice early generally helps your application.

Your Child Has Not Been Returned at a glance

Governing law
Family Law Act 1975 (Cth) — a recovery order is defined in section 67Q; who may apply is set out in section 67T
Where it's decided
Federal Circuit and Family Court of Australia (FCFCOA) everywhere except WA; in WA it's the Family Court of Western Australia (same federal law, different court and forms)
Do you need an existing order?
No. A parent, grandparent, or any other person concerned with the child's care, welfare and development can apply
What it can do
Require the child to be returned, direct police to find/recover/deliver the child, and prohibit the person from taking the child again
Don't know where the child is?
Apply for a location order (or Commonwealth Information Order) to require people or agencies such as Centrelink and Medicare to give the court information about the child's whereabouts
Fear of removal from Australia
Ask the court urgently to place the child on the Australian Federal Police Family Law Watchlist (airport watch list)
Immediate danger
Call 000 now; for family violence call 1800RESPECT on 1800 737 732

What a recovery order is and what it can do

A recovery order is a court order under section 67Q of the Family Law Act 1975. It is the main legal tool when a child has not been returned, or has been taken without agreement.

A recovery order can:

• Require that your child be returned to you (or another person, such as a grandparent)

• Authorise or direct police — usually the Australian Federal Police, and state or territory police — to find, recover and deliver the child

• Allow police to stop and search vehicles, premises and places where the child may be

• Prohibit the other person from taking or removing the child again, and authorise arrest without warrant if they do

Withholding a child is generally a family law (civil) matter, not a criminal one. That means a court order — not a general police complaint — is normally the way the child is returned, unless there is family violence or the child is in immediate danger (see the safety section below). Talk it through with a lawyer now →

Who can apply — you don't need an existing order

You can apply for a recovery order even if you have never been to court and have no parenting order in place.

Under section 67T of the Family Law Act, the people who can apply include:

• A parent of the child

• A grandparent of the child

• Any other person concerned with the care, welfare and development of the child

If you do not already have a parenting order, you can apply for one at the same time as the recovery order. The court's paramount consideration in every parenting matter is the best interests of the child, including the child's safety from family violence, abuse and neglect. Talk it through with a lawyer now →

Why acting promptly matters — and urgent hearings

There is no statutory deadline, but courts and lawyers consistently note that delay can damage a recovery application. The longer your child remains with the other person, the more a court may see the child as having settled into the new arrangement — which can make return harder to order.

It is usually best not to simply wait "to see if they bring the child back".

Genuinely urgent matters can be brought on quickly:

• Recovery applications can be filed and heard urgently, sometimes within days rather than waiting for a normal hearing date

• This is especially so where you fear the child will be harmed, or removed from Australia

• If you do not know where your child is, you can apply for a location order or Commonwealth Information Order at the same time, requiring people or government departments (such as Centrelink or Medicare) to give the court information about the child's whereabouts Talk it through with a lawyer now →

The process and the forms you'll need

Recovery orders are technical and time-sensitive. The usual documents are:

• An Initiating Application (Family Law) — or, if court proceedings already exist, an Application in a Proceeding

• A supporting affidavit setting out when and how the child was taken or not returned, where the child usually lives, and any safety concerns

• A Notice of Child Abuse, Family Violence or Risk, where relevant

Applications are generally filed online through the Commonwealth Courts Portal, or at a court registry.

In Western Australia, you file in the Family Court of Western Australia, which uses its own forms — the same federal law applies, but the court and process differ.

Legal Aid commissions in each state and territory (for example, Victoria Legal Aid and Legal Aid WA) publish recovery order kits and can offer advice and, in some cases, representation. Eligibility for Legal Aid help varies, so it's worth checking with the commission in your state or territory. Talk it through with a lawyer now →

Safety first — and what not to do yourself

If a child or anyone is in immediate danger, or you believe the child is about to be harmed or taken out of the country right now, call 000 (police and ambulance) immediately.

• If there is family or domestic violence, you can call the police and contact 1800RESPECT on 1800 737 732 — the national 24-hour family, domestic and sexual violence counselling line

• If you fear the child will be removed from Australia, contact the Australian Federal Police urgently about the Family Law Watchlist, and seek urgent court orders

What not to do:

• Don't try to physically take the child back yourself — "self-recovery" can escalate conflict, endanger the child, breach orders and damage your case

• Don't breach any family violence order or parenting order while trying to get the child back

• Don't assume general police will simply return the child — withholding is usually a family law matter, and police generally act under a court recovery order or where there is violence or danger

Let police and the court act. Taking or keeping a child outside Australia in breach of orders, or while parenting proceedings are on foot, can be a criminal offence under the Family Law Act, so get legal advice before travelling overseas with the child in these situations. Talk it through with a lawyer now →

Practical do's and don'ts

Do:

• Try to communicate with the other person first to arrange your child's return — the court normally expects this — unless doing so would be unsafe or put the child at risk

• Get legal advice promptly, and check whether Legal Aid in your state or territory can help

• Keep evidence: texts, emails, any existing orders, and a clear timeline of contact

• Set out the facts calmly and accurately in your affidavit

Don't:

• Wait indefinitely in the hope the child is returned voluntarily

• Self-recover the child or act unlawfully

• Breach any existing order yourself

• Assume the matter will be handled without a court order Talk it through with a lawyer now →

What to do now

1
Make sure everyone is safeIf your child or anyone is in immediate danger, or you believe the child is about to be harmed or taken overseas, call 000 straight away. For family or domestic violence, call 1800RESPECT on 1800 737 732. If you fear removal from Australia, contact the Australian Federal Police urgently about the Family Law Watchlist.
2
Ask for the child's return — if it's safeWhere it is safe to do so, contact the other person and ask them to return your child. Courts normally expect this step. Keep a calm written record (texts or email). Skip this step only if contact would be unsafe or put your child at risk.
3
Gather your evidence and act promptlyCollect any existing orders, texts, emails, and a clear timeline of when and how your child was taken or not returned, plus where your child usually lives and any safety concerns. Try not to delay — and don't attempt to recover your child physically yourself.
4
Get legal help and prepare the applicationSpeak to a lawyer or Legal Aid promptly. Prepare an Initiating Application (Family Law) with a supporting affidavit (and a Notice of Child Abuse, Family Violence or Risk if relevant), filed via the Commonwealth Courts Portal — or the Family Court of WA if you're in Western Australia. Add a location order if you don't know where your child is, and a parenting order if you don't already have one.

Your Child Has Not Been Returned — your questions answered

Do I need an existing parenting order to apply for a recovery order?

No. You can apply even if you have never been to court. Under section 67T of the Family Law Act, a parent, grandparent, or any other person concerned with the child's care, welfare and development can apply. If you do not already have a parenting order, you can apply for one at the same time as the recovery order.

Is the other parent keeping my child a crime?

Usually no. Withholding a child is generally a family law (civil) matter resolved by a recovery order, not a police criminal matter. It can become criminal if a child is taken, sent or kept outside Australia in breach of orders or while parenting proceedings are on foot, which is an offence under the Family Law Act. State or territory police also act where there is family violence or a child is in immediate danger.

How fast can a recovery order be made?

Recovery applications can be filed and heard urgently. Genuinely urgent matters — for example, where you fear the child will be harmed or removed from Australia — can sometimes be brought on within days rather than waiting for a normal hearing date. Acting promptly can also help your application, because delay may let a court treat the child as settled in the new arrangement.

What if I don't know where my child is?

You can apply for a location order (or a Commonwealth Information Order) at the same time as your recovery order. These can require people, or government departments such as Centrelink and Medicare, to give the court information about your child's whereabouts.

Can I just go and take my child back myself?

It is strongly discouraged. "Self-recovery" can escalate conflict, endanger your child, breach existing orders and seriously damage your case. The safer and more effective path is a recovery order, which can direct police to find and recover the child for you.

I'm worried my child will be taken overseas. What can I do?

Act urgently. You can ask the court to place your child on the Australian Federal Police Family Law Watchlist (the airport watch list) to help prevent them leaving the country, and seek urgent court orders. If you believe removal is about to happen right now, call 000. Taking a child overseas in breach of orders can be a criminal offence.

Does this work the same way in Western Australia?

The same federal law (the Family Law Act 1975) applies, but the court and forms are different. In WA, family law is handled by the separate Family Court of Western Australia, rather than the Federal Circuit and Family Court of Australia that hears these matters everywhere else.

Can Legal Hotline lodge the application or represent me?

No. Legal Hotline is a free legal-information service and is not a law firm, so we cannot file documents or represent you. We can explain how the process works at any hour, and book you a fixed-fee consultation with an admitted Australian lawyer who can advise on your situation and act for you. For immediate danger, call 000.

Not sure where you stand? Find out in minutes.

Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.

Call now — 1800 951 176

Free legal information. Not legal advice.

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Last updated 6 June 2026
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