Recovery Orders

A Recovery Order can be made by the Court requiring a person to return a child to another person.

Generally a Recovery Order is used when the child's mother or father (or another person) takes the child and refuses to return the child to the other person.

A Recovery Order is enforceable by the Court and the State and Federal Police.

When deciding whether or not to grant a Recovery Order, the Court will always look at what is in the best interests of the child. If a child has been taken outside of Australia, it is still possible to make an Application for a Recovery Order. The Hague Convention is an agreement between Australia and many other Countries that requires each Country to return a child to Australia upon Australia's request. It would be necessary to determine whether the Country's interest is a signatory to the said convention.