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Recovery Orders

in Perth
Perth Lawyer

What is a recovery order?

A recovery order is defined as an order of the Court that can require a child be returned to a:

  1. parent of the child
  2. person who has a parenting order that states the child lives with, spends time with or communicates with that person, or
  3. person who has parental responsibility for the child.

Who can apply for a recovery order?

You are entitled to apply for a recovery order if you are:

  1. a person who the child lives with, spends time with or communicates with as stated in a parenting order
  2. a person who has parental responsibility for the child in a parenting order
  3. grandparent of the child, or
  4. a person concerned with the care, welfare and development of the child. For example, you may be the person who the child lives or spends time with but there is no parenting order that states this.

How do I apply for a recovery order?

There are different processes for applying for a recovery order depending on whether you have a current parenting order or a parenting case pending in the Court.

What happens next?

The Court may make an order authorising or directing another person or persons to find, recover and deliver the child. The procedure involved after you have obtained a Recovery Order can prove to be cumbersome and it is strongly advised you obtain the assistance of Family Lawyer.

What if the child still isn’t found?

You may ask the Court to issue other orders to help locate the child; for example:

  1. Location order – if you breach a parenting order and you cannot be found, a court may make a location order.
  2. Commonwealth Information order – requires a Commonwealth Government Department, such as Centrelink, to give the Court information about the child’s location that is contained in or comes into the records of the department.
  3. Publication order – allows the media to publish details and photographs of the missing child and the person they are believed to be with. However, each case is different and the terms of the publication order can vary. This is usually a last resort and you should seek legal advice first.