Understanding Child Recovery Orders
My child hasn’t come home, now what?
Sometimes, managing parenting arrangements doesn’t go as smoothly as planned. These parental responsibility arrangements often involve coordinating travel and extended time with each parent, which can sometimes lead to complications. If your child hasn’t returned when expected, it can be worrying and stressful, leaving you to panic about what to do next. Understanding your rights and the legal options available when facing child abduction can make a stressful situation more manageable and help you take action without delay.
What is a child recovery order?
A child recovery order is a court order that tells authorities to find a child and return them to the parent or carer who is legally meant to have them. At Michael Lynch Family Lawyers, we’re exploring child recovery orders and the most important information that ensures your missing child is quickly located.
How family court assists in applying for a child recovery order QLD-wide
Parents can seek a child recovery order through the courts, which allows them to apply for a recovery if their child is not returned as required by existing parenting orders. To get a recovery order, you need to have parenting orders in place already. This is particularly relevant when one parent is in breach of the parenting orders, which clearly lay out where the child is meant to live and the time they are to spend with each parent.
An urgent recovery order in QLD is usually made on an ‘ex parte’ basis, meaning the other party is not told in advance about the urgent application being made, so they are not at court when it occurs. Under the Family Law Act, the court prioritises the child’s safety and wellbeing. Parents can seek legal assistance to guide them through the process.
Understanding Legal Steps and Court Processes
Navigating court processes can feel overwhelming, but clarity on the steps involved can ease stress. Parents may need to provide:
- Court documents, including a supporting affidavit.
- Evidence from previous court hearings to establish the child’s current situation.
- Details on the child’s location or last known whereabouts.
Court proceedings may include:
- Filing a recovery order application or other family court orders.
- Listing the matter for a court date.
- Allowing the court to evaluate evidence of immediate danger or welfare concerns.
In urgent cases, the court can take swift action when a child has been taken, ensuring their safe return. Parents can access a duty lawyer service or other professional support to navigate court proceedings effectively. The best interests of the child are always the guiding principle in these cases.
Real cases illustrating child recovery orders in action
Case example 1:
We’d like to highlight a case where a recovery order for child safety reasons had been made. This child lived with their mother and was not allowed to spend time with the father, as the father was found to be an “unacceptable risk” to the child. Three months after those final parenting orders were made, the mother received a phone call from her child saying she was with her father. The father refused to return the child to the mother, and even enrolled the child in a school near where he lived.
The court determined that the father had shown a disregard for the court orders, and that he posed a risk to the child. The Australian Federal Police were then ordered to recover the child.
In cases where a recovery order is made, the court has to carefully consider any allegations made against the need to preserve the child’s relationship with both parents.
Case example 2:
In another case, the mother of a 9-year-old child made an application for a recovery order, after the father had refused to return the child after school holiday time. The father alleged the mother’s parenting of the child was marked by neglect and that she had exposed the child to abuse by her current partner.
The court heard the police had made an application for a domestic violence order (DVO) against the mother’s partner which had included an allegation that he had pushed the child and caused him to fall and suffer bruising. The mother also had a temporary DVO against her previous partner, and other children were protected under that order.
The judge decided that while neglect and family violence figured prominently in the evidence, no allegation of violence was made against the mother. The court noted the child needed stability and should be allowed to continue his relationship with his older siblings, who lived with the mother.
The court ordered that the child be returned to the mother and that the mother not allow her partner to be alone with the child at any time.
When a Child is Taken Across Borders: International Child Abduction
Some situations involve international child abduction, where a child has been taken to a Hague Convention country. These cases are particularly complex and may require:
- Cooperation with the Commonwealth Attorney General’s Department.
- Contacting the foreign affairs consular branch for assistance.
- Initiating proceedings under the Hague Convention to facilitate the child’s return.
In these cases, we recommend you act immediately; delays may increase the child’s risk of physical or psychological harm.
What happens in a case where a parent can’t be found?
If a parent can’t be located, the court has the power to make orders that government departments and organisations (for example, Centrelink) provide information to the courts. This is known as a ‘location order’. Courts are very cautious about making these orders. If you find yourself in this situation, it’s important to seek legal advice as soon as possible to understand the options available and the steps the court may take. In some cases, families may be eligible for legal aid to assist with the application process and ensure the correct procedures are followed.
Case example 3:
For example, in another case, a father had not seen or spoken to his children for about four months. The child lived with the mother, but no parenting orders were yet in place.
A domestic violence order had been made against the father, which had been extended to include the children. The father sought court orders that the children live with him, spend time with the mother on alternate weekends and half school holidays, and that the children’s names be placed on the “airport watch list”. He also asked that their location be disclosed to him.
The judge was concerned about the domestic violence orders in place and no parenting orders were made in favour of the father. The court also ordered that the children’s whereabouts not be disclosed to the father. However, the children’s names were placed on the “airport watch list” to prevent them from being taken out of Australia.
Get Professional Support When Your Child’s Safety Is at Stake
Navigating a situation where your child has not been returned can be stressful and emotionally overwhelming. At Michael Lynch Family Lawyers, we understand the urgency, worry, and uncertainty that parents experience during these times. Our range of family law services provides the legal guidance you need to feel sure of the decisions you make.
If you have questions about a recovery order for a child, parenting arrangements, or any other family law matters, please contact our office on (07) 3221 4300 or at [email protected] to organise a no-obligation initial appointment at a fixed cost.
FAQs: Child Recovery Orders
Can I act for myself if my child is at risk of family violence?
You should not take matters entirely into your own hands. If you are the person concerned about a child’s safety, it is essential to contact authorities and follow legal channels. In urgent situations, the Federal Circuit Court can issue protection measures to safeguard children. Taking action independently can sometimes escalate risks, so it’s important to document relevant facts and work through the proper legal processes.
Can I call the police if I believe my child is in immediate danger with their parents?
Yes, calling the police is appropriate if a child faces immediate danger, as they can intervene and conduct a welfare check. The police may coordinate with family law authorities to ensure that your child is safe. While immediate intervention is crucial, long-term arrangements regarding responsibility for the child are determined by the courts. Acting quickly and calmly helps protect the child without complicating future family law case proceedings.
What do I do if my child has been taken during a visitation period?
If your child has been taken without consent during scheduled time, it is important to seek advice from a family lawyer immediately. A recovery order application or other legal remedy can be filed to facilitate the child’s safe return. Courts evaluate the role of the primary carer and the court makes orders to balance safety with ongoing parenting arrangements. Avoid confronting the other parent directly, as this can risk escalation.
Can I prevent details about my child from being shared publicly?
Yes, in some cases, a publication order can be requested to prevent the child’s parents or the public from learning sensitive details. Courts consider the child’s best interests and privacy (similar to child custody arrangements) when deciding whether to restrict information. Parents or guardians, particularly those who are a person who has parental responsibility, can request that sensitive case information not be shared to protect the child’s safety and wellbeing.
