Recovery Orders
Recovery Orders in Australia: Your Complete Guide to Getting Your Child Returned
Recovery Orders in Australia
If your child has been taken, kept from you, or not returned after an agreed visit, you may feel panicked, helpless, and unsure of what to do next. In Australia, you have a legal pathway to get your child back safely. It’s called a Recovery Order. This is a type of court order made by the Federal Circuit and Family Court of Australia that authorises your child to be located, recovered, and returned to you or the person who has lawful responsibility for the child.
If you live in Brisbane or anywhere in Queensland, the process works the same as the rest of Australia, although local police (QPS) will often be the first responders when a Recovery Order is executed. Understanding how these orders work can help you act quickly, protect your rights, and ensure your child is brought home safely.
This guide walks you through everything you need to know — including what a Recovery Order is, when you can apply, how the court decides, how police get involved, and case studies to show you what outcomes typically look like.
What Is a Recovery Order?
A Recovery Order is a legally binding order that directs authorities to return your child to you when someone has taken them, kept them, or refused to return them in breach of parenting arrangements or court orders.
You can apply for a Recovery Order if:
- You have a parenting order saying the child lives with you or spends time with you
- You have parental responsibility for the child
- You are a grandparent or another person concerned about the child’s welfare
- The child has been taken or kept without your agreement
The purpose of a Recovery Order is simple: to bring your child back to the person the law says they should be with.
Key Takeaway: A Recovery Order is the fastest legal mechanism to have your child located and brought home when they have been withheld or taken unlawfully.
When You May Need a Recovery Order
You may need a Recovery Order in situations such as:
1. A parent keeps the child after agreed time
You and your former partner agree on the terms. This may involve direct negotiation, mediation, or lawyer-assisted discussions.
2. A parent disappears with the child
This may involve fleeing to another city, going interstate, or moving to a hidden location after separation.
3. Breach of parenting orders
If a parent fails to comply with parenting arrangements, the court may issue a Recovery Order to enforce them.
4. You fear risk of harm
If you believe your child may be exposed to danger, the court may act quickly to secure their safety.
5. International abduction
Although international removal is governed by separate laws, a Recovery Order may still be part of urgent domestic steps.
Case Example: Withheld After Holidays
A father in Brisbane agreed to let the mother take their 8-year-old to visit family in Cairns for the school holidays. When the holiday ended, she refused to return the child and turned off her phone. After attempts at communication failed, the father applied for a Recovery Order.
Outcome:
- Police located the child within 48 hours
- The child was returned immediately
- The court later varied the parenting order to reduce the likelihood of repeat behaviour
Key Takeaway: If the other parent refuses to return your child or disappears with them, you have a legal right to act immediately.
Who Can Apply for a Recovery Order?
You may apply for a Recovery Order if you are:
- A parent
- A person the child lives with, spends time with, or communicates with under a court order
- A person with parental responsibility
- A grandparent
- Any other person concerned about the child’s well-being (such as a step-parent or relative)
In Queensland, applications are made through the Federal Circuit and Family Court of Australia. You do not apply through the Magistrates’ Court.
Key Takeaway: You do not have to be a parent to apply — grandparents, carers, and other significant people in a child’s life are also protected.
What a Recovery Order Allows Authorities to Do
A Recovery Order gives authorities — usually the Australian Federal Police (AFP), and sometimes Queensland Police (QPS) — powers to:
- Locate your child
- Recover your child
- Stop the other parent from leaving a location or the country
- Require another person to disclose information about the child
- Use reasonable force if necessary
- Return the child to the person authorised by the court
- Prevent the taking parent from fleeing again
These powers are enforceable nationwide, including all states and territories.
Key Takeaway: A Recovery Order gives police the authority to act immediately, even if the withholding parent refuses to cooperate.
How the Court Decides Whether to Issue a Recovery Order
The court doesn’t grant Recovery Orders lightly. It considers several factors, with the primary concern always being your child’s best interests.
The court will examine:
- Whether your child has been unlawfully withheld
- Whether there has been a breach of parenting orders
- Whether your child is at risk of harm
- Whether the withholding parent has a history of unsafe behaviour
- Whether the child has been moved to avoid compliance
- Practical considerations, such as schooling and stability
- Your child’s views (depending on age and maturity)
- Whether recovery is necessary to restore lawful parenting arrangements
The court may also look at what attempts you made to resolve the issue before filing.
Case Example: Removal to Avoid Parenting Orders
A mother in Logan had a parenting order stating the children spend alternate weekends with their father. After a dispute, she moved the children to the Sunshine Coast without notifying him. She then blocked his number.
The court found this was an intentional attempt to undermine lawful orders. A Recovery Order was granted.
Outcome:
- Police recovered the children
- The children were returned to Brisbane
- The court reassessed parental responsibility and increased the father’s time
Key Takeaway: If the court believes the withholding parent is acting unreasonably or trying to avoid orders, it is far more likely to issue a Recovery Order.
How to Apply for a Recovery Order
Applying for a Recovery Order involves several steps:
1. File an Application with the FCFCOA
You must file either:
- An Application in a Proceeding if you already have a parenting case ongoing, or
- An Initiating Application if no case currently exists
2. Provide an Affidavit
This document should outline:
- What happened
- When the child was taken or withheld
- Attempts to resolve the issue
- Risks of harm
- Why urgent recovery is necessary
3. Provide existing parenting orders (if any)
This helps the court determine who has lawful care.
4. Request urgent listing
Recovery Orders are often heard urgently, sometimes within hours or days.
5. Attend your court hearing
The judge may make interim orders, request further evidence, or grant a Recovery Order immediately.
Key Takeaway: A well-prepared affidavit dramatically increases your chance of the court granting an urgent Recovery Order.
How Police Carry Out Recovery Orders
Once granted, the Recovery Order is typically sent to:
- Australian Federal Police (AFP)
- Queensland Police Service (QPS) if the child is believed to be in Queensland
Police may:
- Attend a property
- Question relatives and acquaintances
- Check schools, hospitals, and known addresses
- Search for vehicles
- Intervene at airports or transport terminals
- Use reasonable force if someone refuses to hand over the child
Recovery operations can range from calm and cooperative to urgent and high-risk. Officers generally aim to minimise trauma, especially if the child is distressed.
Case Example: Airport Interception
A father, without consent, attempted to take the child from Brisbane to Perth. He bought a last-minute ticket, hoping to avoid detection. The mother applied for an urgent Recovery Order. Police intercepted him at Brisbane Airport before boarding.
Outcome:
- The child was safely returned
- The father was prohibited from leaving QLD with the child
- Future time was ordered to be supervised
Key Takeaway: Police act quickly once a Recovery Order is issued, and urgent travel attempts are often intercepted.
Recovery Orders and Family Violence
Recovery Orders are often linked to family violence concerns. If you believe the other parent poses a danger to the child, the court may:
- Restrict that parent’s time
- Order supervised visitation
- Prohibit unapproved relocations
- Require family violence programs
- Limit communication to parenting apps
- Grant sole parental responsibility to you
Safety always comes first.
Case Example: Domestic Violence and Withholding
A mother in Brisbane applied for a Recovery Order after the father refused to return their daughter following an unsupervised visit. Evidence of prior abusive behaviour raised safety concerns.
Outcome:
- The Recovery Order was granted
- Police recovered the child from the father’s uncle’s house
- All future visits were ordered to be supervised
- The mother received sole parental responsibility
Key Takeaway: If family violence is involved, Recovery Orders are often granted urgently to protect the child.
What Happens After a Child Is Recovered?
Once your child is returned to you, the court may schedule further hearings to:
- Review parenting arrangements
- Adjust time allocations
- Address breaches
- Assess risk
- Consider supervised time
- Make long-term orders
The withholding parent may face consequences if their behaviour was intentional, unreasonable, or harmful.
Possible consequences include:
- Compensation for lost time
- Parenting orders varied
- Make-up time ordered
- Fines
- Mandatory parenting programs
- Changes to parental responsibility
- In severe cases, imprisonment for repeated breaches
Key Takeaway: Recovery is only the first step. The court will then assess long-term arrangements to prevent repeat incidents.
How to Strengthen Your Recovery Order Application
If you want to increase your chance of success, consider the following:
1. Document Everything
Text messages, emails, timelines, missed handovers, and attempts to resolve the issue all matter.
2. Demonstrate reasonableness
Show that you attempted to resolve the issue calmly and safely.
3. Highlight urgency
Explain the risk, emotional impact, or disruption caused by withholding.
4. Seek legal advice early
A family lawyer can help you prepare a strong, clear affidavit.
5. Prepare for follow-up hearings
Recovery Orders often lead to temporary or long-term parenting changes.
Key Takeaway
Your evidence and behaviour before filing can significantly influence the outcome.
Taking the Next Step to Bring Your Child Home
Facing the possibility that your child has been taken or withheld is incredibly distressing. But you’re not powerless. Recovery Orders exist to give you a fast, legally enforceable path to bring your child home safely and restore lawful parenting arrangements.
Whether you are dealing with a sudden disappearance, repeated breaches of orders, or concerns about safety, acting quickly — and understanding the legal steps — makes all the difference.
If you feel overwhelmed, confused, or unsure what to do next, getting guidance from a family lawyer can help you take the next step confidently and protect your child’s well-being.
We're here for you.
JMR Lawyers is based in Springwood and supports individuals and families from Brisbane’s southern suburbs, through Logan, and down to the Gold Coast.