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- Recovery order
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Recovery order is issued by the court to return the child to parent or carer
When a child has been taken from the person he or she lives with or when the child is not returned to the person that the child lives with, the person that the child lives with can apply to the Federal Circuit Court for a recovery order.
A recovery order is also appropriate when a parent has abducted his own child with the intent of taking the child overseas, away from the parent with whom the child lives, depriving that parent any further communication or relationship with the child.
A recovery order from the Federal Circuit Court empowers the police or federal marshals to search for, locate, recover and return the child to the person he or she lives with.
The person applying for a recovery order need not be designated in a parenting order issued by a family court to be the person with whom a child should live. The person applying for a recovery order can be any person who is significant to the child such as a grandparent or relative. The person applying for a recovery order can also be the person with whom the child actually lives under a parenting plan or a parenting agreement.
A recovery order can be applied for in a separate action in a federal circuit court or it can be applied for at the same time as an application for parenting orders in a family court.
When a child has been taken by a parent overseas without the knowledge or consent of the other parent, a recovery order can still be applied for because Australia is a signatory to a treaty called the Convention on the Civil Aspects of International Child Abduction.
A child recovery order can be coursed through the Attorney General of Australia to his or her counterpart in the country where the child was taken. If that country is also a signatory to the same treaty, then the child will be searched for, located and recovered by the authorities of that country.
The Federal Circuit Court or the family court will issue recovery orders upon receipt of evidence that establishes the applicant’s relationship with the child, or any parenting orders issued by the family court designating the applicant as the person with whom the child will live, or orders granting the applicant the right to maintain a relationship and communications with the child. The applicant must also prove the circumstances by which the child was taken and where the applicant thinks that the child might be taken.
The applicant must show how it is in the best interest of the child to be recovered and returned to the applicant as it is always the best interest of the child that the family or federal circuit court must consider above all.section 67Vof the family law Act
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