Recovery Orders – Frequently Asked Questions

May 25, 2016 – at 4:26 am – by Bodekers Family Lawyers

What is a recovery order?

A recovery order may:

  1. Require the return of a child to an authorised person
  2. Authorise or direct someone to search any vehicle, place or premises for the purpose of finding a child
  3. Authorise or direct someone to recover a child using reasonable force
  4. Give directions about the day to day care of the child until returned
  5. Prohibit a person from again removing or taking possession of a child
  6. Authorise or direct someone to arrest a person who again removes or takes possession of a child

Can I apply for a recovery order if I have a parenting order?

The following people with a parenting order from the Family Court may apply for a recovery order:

  1. A person with whom the child is to live
  2. A person with whom the child is to spend time with
  3. A person with whom the child is to communicate with
  4. A person who has parental responsibility for the child

Can I apply for a recovery order without a parenting order?

The following people may apply where no parenting order applies to them:

  1. A parent
  2. A grandparent of the child
  3. Any other person concerned with the care, welfare or development of the child

How does a court decide whether to make a recovery order?

Under the Family Law Act 1975, “In deciding whether to make a recovery order in relation to a child, a court must regard the best interests of the child as the paramount consideration.”

Doesn’t the child have the right to have a relationship with their parents?

Children have both the right to have a meaningful relationship with each parent and the right not to be harmed.

The court may be required to weigh these rights against each other when deciding whether to order one parent to return the child to the other.

The Family Law Act 1975 provides that where these two rights conflict, the court is to give greater weight to the need to protect the child from harm.

Family law matters can be complex. We therefore recommend you seek legal advice from one of our Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment. For more information regarding our free services please look at our child recovery free pre-read page. 

Email our Legal Practitioner Director, Shannon Bodeker at shannon@bodekers.com.au, for your complimentary pre-read and first appointment at a reduced rate.