Where do you apply for an urgent recovery order as the child's other parent has refused to give the child back?
Learn how to apply for an urgent recovery order if your child's other parent refuses to return them. Understand the application process, required documents, and court review timeline.

Can I apply for a recovery order if I have primary care of the child(ren)?

The parent who has primary care of a child is able to apply for a recovery order if the other parent refuses to return the child to the primary carer.
What do I need to do to urgently apply for a recovery order?

To make an urgent application for a recovery order you need to file an Initiating Application, Notice of Risk, Affidavit of Non-Filing Dispute Resolution Certificate, Genuine Steps Certificate, and a letter of urgency with the Federal Circuit and Family Court of Australia.

What will my Affidavit include?

The Affidavit explains what has happened and why the Orders you seek are in the best interests of the children, particularly with respect to being the primary carer and the need to recover the children.

What will the Initiating Application include?

The Initiating Application sets out the Orders you seek on an Interim basis (now) and on a Final basis (until the children turn 18). In the Interim Orders you would seek a recovery Order as well as Orders which provide for the ongoing parental arrangements such as when and how they spend time with the non-resident parent.

What will the Notice of Risk include?

The Notice of Risk sets out the risks including any issues concerning drug use, domestic violence, mental health concerns etc.

What will the Letter of Urgency include?

In the letter of urgency you would explain why the matter is urgent and if you have been unable to attend mediation, why it is appropriate to go to Court without mediation.

How long will it take for the Court to review my application?

After filing the Application, the Court will consider the urgency and if appropriate list it for a Directions or Interim Hearing within a few days to a few weeks. Otherwise all Applications are listed for a Directions Hearing within 4 to 6 weeks of filing.
We make Family law matters crystal clear
If you are considering applying for an urgent recovery order for your child(ren), please consider seeking legal advice beforehand and schedule your initial consultation with us by calling 07 2113 4645.
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