Legal Aid New South Wales

Children - removal, location and recovery

Abduction in Australia There are laws about moving, finding (locating) children and the recovery (return) of children. Some of these laws are very complicated and you may need to take quick action. Get legal advice immediately.

See Legal Aid - its services Where to get help What is a ‘location order’? If your children are taken without your agreement, and you think they are in Australia, you can apply for an order to find out where they are. This is called a location order.

The court can order individuals and government departments to say what they know about where the children are. For example, Centrelink may know the location of the parent who has the children.

If the court decides it is in the children’s best interests, it can order that they be returned to you. You may need to travel to where the children are located. It is important to act quickly and get legal advice. What is a ‘recovery order’? If the children are taken or moved in Australia, and the move makes it difficult for you to have a relationship with them, you can apply to the court for a recovery order.

This is an order that the children are returned to you while the issues are being sorted out.

You are responsible for the costs of returning the children. The Australian Federal Police are usually involved in the return of the children, but sometimes it is the state police. Is interstate holiday affected? There may be orders preventing children from leaving a particular state or territory, even on holiday. If you are in dispute about interstate holiday travel you should try to negotiate and make an agreement.

A Family Relationship Centre or other family dispute resolution service may be able to help you and your ex-partner make an agreement about holidays.

If you cannot agree you will need to apply to court.

Do not break court orders, unless the children are at immediate risk of substantial harm.

If you break court orders and the court finds that the children were not at risk of immediate harm, you may get serious penalties or have the children temporarily removed from your care. They can be removed permanently in extreme situations.

If your or the children’s safety is at risk, contact the police and get legal advice.

See Legal Aid NSW- its services Where to get help

The information in these fact sheets was current at the time of publishing, but laws can change. Always check for changes in the law with a Legal Aid NSW office, Family Relationship Centre or community legal centre. Get legal advice before acting on the information contained in the fact sheets.

Family Relationship Advice Line: call 1800 050 321 Legal Aid Commissions: see Where to get help

Last Updated : 27/06/2006