Child Recovery Orders: Steps to take when your child is taken interstate or overseas
This page is for anyone who has discovered that their child/children or grandchildren have been:
- Taken or moved interstate without consent;
- Taken or moved overseas without consent; or
- It is imminent that they are going to be taken interstate or overseas without consent.
This is an incredibly stressful experience however below we have listed steps to take when a child has been taken, whether that be interstate or international travel or relocation, without the consent of the other parent or caregiver.
The decisions you will make next need to be the very best ones so we have compiled this information to give you the best understanding of what can go wrong and how it can be avoided.
My child has been taken interstate or overseas without my consent
Here is what you need to know and do if your child or children have been taken interstate or overseas without the other parent/legal guardian’s consent. This applies to travelling interstate on holiday or moving your child out of their current state or territory, or internationally.
Step 1: Engage experts in child recovery matters
While contacting the police is often what people believe they should do first, most people are unaware that the police will not go and remove your child from the other parent, unless they are in immediate danger or there is a Court order.
Every circumstance is unique and your actions can contribute positively or negatively to the outcome of your child being taken. Expert advice from a lawyer experienced with successful recoveries of children under their belt will know exactly what to do, and in what order.
Having this expertise and their support team to guide you, and answer your questions throughout the process, is essential.
In some circumstances we may issue a formal letter on your behalf requesting the return of the child. In other circumstances the best course of action might be for an urgent filing in Court to seek a Recovery Order (a Court document requiring the child be returned immediately).
When there are no existing Parenting Orders, we assist with applying for Parenting Orders in addition to the Recovery Order.
Seek advice from a family lawyer with significant experience in the recovery of children. Many family lawyers do not have extensive experience in the recovery of children, particularly international recovery. A lawyer that regularly assists parents and carers in circumstances like yours is essential.
What to do if you anticipate an imminent international relocation
If you anticipate your child is about to be taken outside of Australia, you need a Court Order first and foremost to stop your child being taken without your consent.
Depending on your circumstances, including whether there are any existing Court Orders in place, your next steps vary.
Here are some examples of preventative measure that stopped the exit of children from Australia or have enabled the safe return of children for our clients:
- Write a letter to notify the other parent that they have x days to return the child or an urgent Recovery Order will be filed with the Court
- If there is a safety risk or urgency if the child is being taken imminently, bypass the letter, compile evidence for an urgent filing with the Federal Circuit and Family Court of Australia to get a Recovery Order.
- If unsure of exactly where your child is, urgent filing of a Location Order
- If concerned about international abduction, consider putting them on the Airport Watch List
- Seeking Parenting Orders if you don’t have existing Parenting Orders in addition to your Recovery Order
- Hague Convention proceedings (international abductions)
If there are Parenting Orders in place, or other Orders that the parent responsible for taking the child interstate or overseas is in breach of, or there are other circumstances that mean the children are in immediate danger, the police will likely be involved.
What is a Recovery Order?
A Recovery Order is a Court Order for the child to be returned.
The first application is for a Recovery Order. That is, an immediate and temporary requirement to achieve the goal of returning the child until a final hearing can be held.
We tend to file both a Recovery Order and prepare the terms of Parenting Orders so that parenting arrangements are legally binding. So too, if there is a risk a child may be taken outside the Commonwealth of Australia, we will also seek an Order for the child to be placed on the Airport Watch List. This is a List operated by the Australian Federal Police and if a child’s name appears on this list, they are prohibited from leaving Australia through any port of exit.
The Final Recovery Order details the ongoing terms of their parenting arrangements. It can take as long as a year to a year and a half for the final hearing to take place, depending on how urgent the Court sees your circumstances. More urgent matters are heard first.
If granted, if it is not complied with, then significant consequences may flow including the provision of financial bonds, contempt of court findings or a severe limitation on the time the children spend with that person.
You have one shot at applying for the Interim Recovery Order. Most applications are denied. Often because they do not provide sufficient evidence to support their application.
International Child Abduction & Hague Convention Proceedings
If your child has been taken out of Australia or has been relocated internationally without your consent, and prior to the child’s name being placed on the Airport Watch List, this becomes an international child abduction matter.
What is the Hague Convention?
The Hague Conventions are international agreements designed to help with international issues such as child abduction be less cumbersome to resolve and more effectively managed between countries who are signatories to the convention.
Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.
If your child has been taken to a country that is not a signatory to the Hague Convention, the options for return are often limited. This is why urgent action must be taken if people fear there is a risk of their child being taken outside of Australia, and preventative measures put in place such as putting children’s names on the Airport Watch List.
If your child has been taken overseas without your consent, actioning International Child Abduction Hague Proceedings will be necessary.
Hague Convention Proceedings
Countries are not required to be signatories to each of the Hague Conventions. For example, one country may be a signatory to the Hague Convention for Adoption, Divorce or Child Support but not the Convention for International Child Abduction.
Hague Convention Countries
Here is a list of countries in the Hague Convention for International Child Abduction that is accurate as of the date of publishing. Signatory status is updated on the Hague Conference on Private International Law Website here.
| Albania |
| Andorra |
| Argentina |
| Armenia |
| Australia |
| Austria |
| Bahamas |
| Barbados |
| Belarus |
| Belgium |
| Belize |
| Bolivia |
| Bosnia and Herzegovina |
| Botswana |
| Brazil |
| Bulgaria |
| Burkina Faso |
| Cabo Verde |
| Canada |
| Chile |
| China |
| Columbia |
| Costa Rica |
| Croatia |
| Cuba |
| Cyprus |
| Czech Republic |
| Denmark |
| Dominican Republic |
| Ecuador |
| Egypt |
| El Salvador |
| Estonia |
| European Union |
| Fiji |
| Finland |
| France |
| Gabon |
| Georgia |
| Germany |
| Guatemala |
| Guinea |
| Greece |
| Guyana |
| Honduras |
| Hungary |
| Iceland |
| India |
| Iraq |
| Ireland |
| Israel |
| Italy |
| Jamaica |
| Japan |
| Jordan |
| Kazakhstan |
| Latvia |
| Lesotho |
| Lithuania |
| Luxembourg |
| Malaysia |
| Malta |
| Mauritius |
| Mexico |
| Monaco |
| Mongolia |
| Montenegro |
| Morocco |
| Namibia |
| Netherlands |
| New Zealand |
| Nicaragua |
| North Macedonia |
| Norway |
| Pakistan |
| Panama |
| Paraguay |
| Peru |
| Philippines |
| Poland |
| Portugal |
| Republic of Korea |
| Republic of Moldova |
| Romania |
| Russian Federation |
| Rwanda |
| Saint Kitts and Nevis |
| San Marino |
| Saudi Arabia |
| Serbia |
| Seychelles |
| Singapore |
| Slovakia |
| Slovenia |
| South Africa |
| Spain |
| Sri Lanka |
| Suriname |
| Sweden |
| Switzerland |
| Thailand |
| Trinidad and Tobago |
| Tunisia |
| Türkiye |
| Turkmenistan |
| Ukraine |
| United Kingdom of Great Britain and Northern Ireland |
| United States of America |
| Uruguay |
| Uzbekistan |
| Venezuela (Bolivarian Republic of) |
| Viet Nam |
| Zambia |
| Zimbabwe |
Imminent international abduction
Importantly, in the event of an imminent international abduction, we have an after hours Court line that we can call for extremely urgent and rare circumstances. This is reserved for cases that cannot wait for the Court to reopen. Our lawyers have experience dealing with this afterhours Court service in cases where a child is being abducted internationally.
Do not wait to act:
Advice, Child Recovery Orders & Convention Proceedings
Importantly, parents who hesitate, sometimes believing they will be able to negotiate the return of the children themselves, or for some other reason, always wish they hadn’t.
Every single child recovery matter we have been involved in has been different in some way. There is no single method applied to get the best outcome.
What is certain is that waiting to act is always problematic. The longer you wait, the harder it may be to recover your child, and not just for international abduction matters.
The Family Law Court is more likely to see your inaction as a poor reflection on you as a parent, the longer you wait. While that may not seem fair, this is why you should never not seek legal advice.
Even if you have an inkling that there is a risk of your child being taken for travel or relocation purposes, seek legal advice. A lawyer highly experienced in recovery orders will be able to advise you of what, if anything, to do.
We can also give you clarity and a clear point of contact during what is an incredibly stressful time in your life.
