Parenting Orders (Applicant) - Urgent Recovery Order

Purpose of this Guide: Use this fork when a child has been removed or retained by the other party in breach of existing parenting orders or arrangements, or where there is an immediate risk of the child being taken interstate or overseas. This plan covers the compressed ex parte application for a Recovery Order, including coordination with the Australian Federal Police for physical recovery of the child.\n\nJurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying sections 67Q to 67U of the . This fork applies nationally and is not limited to Queensland registries given the AFP's national role.\n\nThe Process at a Glance: The lawyer immediately assesses the urgency and confirms the child's last known location. The standard pre-action FDR requirement is bypassed under Rule 4.01(2) of the on the basis of immediate risk. An ex parte Initiating Application is drafted supported by a high-impact Affidavit detailing the circumstances of the removal or retention, the risk of flight, and the history of any parenting orders. A formal Letter of Urgency is sent to the court registry to secure an immediate hearing date. Once the court issues a sealed section 67U Recovery Order, an AFP Recovery Order Information Sheet is prepared and delivered to the Australian Federal Police for physical recovery of the child. The AFP locate and return the child to the applicant. Following recovery, the matter is channelled back into the standard FAM-PARENTING triage pathway for ongoing case management.\n\nKey Legislation and Case Law: - ss 67Q-67T (Recovery Orders - power to make, parties who may apply, and what the order may direct), s 67U (warrant authorising the Australian Federal Police or state police to take possession of and deliver a child), s 68B (injunctions to prevent removal of a child from Australia - often sought alongside a Recovery Order). - Rule 4.01(2) (exemption from pre-action FDR procedures in cases of urgency or risk). Where international abduction is a risk, the and the Hague Convention on the Civil Aspects of International Child Abduction 1980 may also apply. The AFP maintains a Children's Contact Service and watchlist procedures to prevent departure from Australia pending proceedings.