Section 67Q Family Law Act highlights the meaning of recovery orders. When a court makes a recovery order, it requires one party to return the child to another party.
Depending on the recovery order that the court makes, the party will need to return the child either to the parent of the child, anyone with parental responsibility of the child, anyone who the child is living with as a result of an existing parenting order etc.
A recovery order essentially allows officials like police officers to take appropriate actions to locate the child, and return the child to certain people as listed in Section 67Q of the Family Law Act (1975).
- It directs a police officer to find, recover and return the child;
- Prohibit the other person from taking possession of the child again.
Who Can Apply for Recovery Orders: Section 67Q Family Law Act
Following the breakdown of a marriage or relationship, one party may remove the child from their usual place of residence (i.e. residence with the primary carer). These issues are often linked with parental child abduction cases.
Parental child abduction is a criminal offence and can attract severe penalties including imprisonment in some cases. A person may take the child and either move domestically or internationally. Depending on the nature of the case, the other party will need to take certain steps.
For example, if a parent has taken the child away, the primary carer can immediately contact the Australian Federal Police (AFP). The AFP then places the child’s name under the Family Law Watchlist.
In case of international parental child abduction, there are international courts involved. Therefore the process can be slightly different.
The following persons can apply for a recovery order:
- The person who the child lives with, spends time with, communications with as mentioned in a parenting order;
- Grandparent of the child;
- Person who has parental responsibility of the child according to a parenting order;
- Any other person who is concerned for the welfare, well-being and care of the child, whether a parenting order states this or not.
Meaning of recovery orders.
A recovery order is an order made by a court doing all or any of the following:
(a) requiring the return of a child to:
(i) a parent of the child; or
(ii) a person with whom the child is to live under a parenting order; or
(iii) a person with whom the child is to spend time under a parenting order; or
(iv) a person with whom the child is to communicate under a parenting order; or
(v) a person who has parental responsibility for the child;
(b) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to stop and search any vehicle, vessel or aircraft, and to enter and search any premises or place, for the purpose of finding a child;
(c) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to recover a child;
(d) authorising or directing a person to whom a child is returned, or who recovers a child, to deliver the child to:
(i) a parent of the child; or
(ii) a person described in subparagraph (a)(ii), (iii), (iv) or (v);
e) giving directions about the day-to-day care of a child until the child is returned or delivered to another person;
(f) prohibiting a person from again removing or taking possession of a child;
(g) authorising or directing a person to arrest, without warrant, a person who again removes or takes possession of a child.
How to Apply for Recover Orders?
You have understood that Section 67Q of the Family Law Act (1975) outlines the meaning of recovery orders. But, how do you apply for one?
If a party who is looking to apply for recovery orders already has an ongoing case asking the Court for parenting orders, then the party must file:
- an Application in a Proceeding; and
- an Affidavit to outline the circumstances in support of the recovery order
On the other hand, if there are no ongoing proceedings, the person should include their application for recovery order as part of an application for parenting orders.
These processes can be tricky. Moreover, when you are in such a stressful situation, it may become impossible to think clearly. This is where lawyers can help you out.
JB Solicitors’ family lawyers are a compassionate group of people who understand the stresses of dealing with a complicated family law matter. With their extensive knowledge about family law, couples with their years of experience, they can provide efficient legal guidance.
For more information, contact our team today.
Lastly, for more information on sections apart from Section 67Q Family Law Act (1975), click here to read our Family Law Act blogs.
