Urgent Parenting Orders: How to Act When a Child May Be at Risk

How quickly can a court make an urgent parenting order?

There is no fixed deadline — urgency is judged by risk. Where a child is at immediate risk of harm or of being taken or relocated, the court can treat it as a high priority and may list it as soon as possible, including the same day if necessary. Interim orders are often decided within days, and in extreme cases the court can make orders immediately and without notice (ex parte).

What is the difference between a parenting order and a family violence order?

A parenting order (or recovery order) is made by the family courts under the Family Law Act and deals with where a child lives and spends time and how major decisions are made. A family violence order — an AVO, DVO, intervention order or restraining order depending on your state or territory — is issued by a state or territory Magistrates or Local Court and is the immediate tool to protect a person from violence. The two can run alongside each other.

What is a recovery order and when do I need one?

A recovery order is used when a child has been taken or is being withheld. It can authorise and direct police to find, recover and return the child, including powers to stop and search vehicles and enter premises, and to use reasonable force if necessary. You generally need one because police usually will not enforce a parenting order on its own unless the child is in immediate danger — the recovery order is what gives them the power to act.

Can a grandparent apply for a recovery order?

Yes. A recovery order can be sought by a person named in a parenting order, a person with parental responsibility, or any person 'concerned with the care, welfare and development of the child'. That can include a grandparent, even where there is no existing parenting order.

What does 'ex parte' mean and can I apply without telling the other parent?

Ex parte means the court hears the application without notice to the other party. In genuinely extreme cases the court can hear and decide a matter ex parte, immediately, to protect a child. These applications carry a strict duty of full and frank disclosure — you must tell the court the complete picture, even facts that do not help you, or any order made can later be set aside. A family lawyer or court registry can guide you on the current forms and rules.

Do I have to try mediation first in an urgent case?

Not necessarily. The usual pre-action steps — family dispute resolution and a section 60I certificate — can be excused in cases of urgency, child abuse or family violence. If your matter genuinely involves immediate risk, you can ask the court to deal with it without first attempting mediation.

Which court do I apply to if I live in Western Australia?

In WA you apply to the Family Court of Western Australia, the only state-based family court. Married couples' children's matters there are still decided under the federal Family Law Act 1975, while de facto and unmarried parents' matters run under WA's Family Court Act 1997. Everywhere else in Australia, you apply to the Federal Circuit and Family Court of Australia.

Can the police just return my child if I show them a parenting order?

Usually not. Police generally will not enforce parenting arrangements on the strength of a parenting order alone — they typically need a recovery order to act, unless the child is in immediate danger. If your child is in immediate danger, call 000 straight away.