Location and Recovery Orders

18 February 2022 in Family and Divorce Law

Recovery Orders and Location Orders in Family Law

Australia’s Family Law Act 1975 (Cth) offers two important legal mechanisms for the retrieval and location of children in appropriate circumstances.  These mechanisms are known as recovery orders and location orders.

Recovery Orders

Recovery orders are courts orders which compel the return of a child to an appropriate person such as a parent or guardian.  They can be tailored to the circumstances of a particular case.  For example, recovery orders may authorise the search of a vehicle or premises for the purpose of recovering a child.  Recovery orders may also direct various parties to assist with the recovery of a child.  The court must consider the best interests of the child when deciding whether to make a recovery order in relation to that child.  The best interests of the child are determined through the courts consideration of various factors outline in section 60CC of the Family Law Act 1975 (Cth).  Examples of the factors include;

• The benefit to the child of having a meaningful relationship with both of their parents.
• The need to protect the child from various forms of harm.
• Any views expressed by the child.
• The relationship of the child with their parents and relatives.
• The maturity, sex, lifestyle and background of the child and either of the child’s parents
• Any other consideration that the court deems to be relevant.

The law imposes serious penalties to anyone who hinders or prevents any action authorised by a recovery order.

Applying for Recovery Orders

There are limitations on who can apply for a recovery order.  The people that may apply include;

• People who the child lives with, communicates with or spends time with under a parenting order.
• A grandparent of the child.
• People who have parental responsibility for the child under a parenting order.
• People concerned with the care, welfare or development of the child.

Location Orders

Location orders are orders which compel people and governmental bodies to provide information about the location of a child.  In some circumstances it may be appropriate to pursue a location order in addition to a recovery order.  There are strict rules which limit the disclosure of information acquired through a location order.  The court must consider the best interests of the child when deciding to make a location order for that child.

Applying for Location Orders

Only certain people may apply for location orders.  The people that may apply include;

• People who the child lives with, communicates with or spends time with under a parenting order.
• A grandparent of the child.
• People who have parental responsibility for the child under a parenting order.
• People concerned with the care, welfare or development of the child.

BSM Lawyers

The highly experienced family lawyers at Brander Smith McKnight are very familiar with recovery and location orders and are happy to advise and assist you in issuing the orders.  We can represent you in court and alleviate some of the stress associated during what can be a difficult time.

We have offices conveniently located at Sutherland, Parramatta, Wollongong and Sydney CBD.