Child Recovery

Recovery Orders

A recovery order is an order of the Family Court. It directs a person/s to take appropriate action to find, recover and deliver a child to a person. A police officer may carry out a recovery order.

You can apply for a recovery order if you are:

  • a person who the child lives with spends time with or communicates with as outlined in a parenting order
  • a person with parental responsibility for the child as outlined in a parenting order
  • a grandparent of the child
  • a person concerned with the child’s care, welfare and development. For example, you may be someone who the child lives or spends time with but this is not outlined in a parenting order.

A recovery order can require that a child is returned to a:

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

Further, a recovery order may include instructions on the day-to-day care of the child until they are returned.

When to contact us:

Recovery orders can be very complex. We, therefore, recommend you seek legal advice from one of our experienced Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms Shannon Bodeker. Ms Bodeker has been working in family law for over 20 years.

Prior to your first family law appointment, you may send us an email, fax or similar, outlining your situation. You can include as much detail as you like. We read this information on a complimentary basis before your first appointment. We get to know you and your family law matter before we meet.

You may want to include the following information:

  1. Where and with who the child ordinarily lives;
  2. Details of time the child spends with the other parent;
  3. Where the child has been taken to, or if you are not sure, where you believe the child might be;
  4. Any discussions you have had with the other parent regarding the removal of the child;
  5. Details of any court orders in place and copies of any relevant documents;
  6. Details of any steps taken to find the child;
  7. Details of contact you have had/are having with the child;
  8. What you expect will happen if the child is not recovered and why; and
  9. Any issues of abuse, neglect, family violence, drug or alcohol use.

This is not family law advice. It is important to seek advice specific to your circumstances. We have experienced Perth family law solicitors and can provide you with the best legal advice regarding child relocation and abduction.

Contact Bodekers Family Lawyers & Mediators by phone (08) 9323 7711 or email info@bodekers.com.au for your free pre-read and first appointment at a reduced flat rate.