How Long Do Child Recovery Orders Take?
One of the most urgent and emotionally charged situations we encounter is when a child has been wrongfully removed or not returned to a parent or guardian. In such cases, a Child Recovery Order is often the legal remedy sought through the Federal Circuit and Family Court of Australia (FCFCOA). Understandably, one of the first questions we are asked is: “How long do Child Recovery Orders take?”
The answer is rarely straightforward. The time it takes to obtain and enforce a Child Recovery Order can vary significantly depending on the specific facts of each case, the level of urgency, and the speed at which the legal process is initiated.
What is a Child Recovery Order?
A Child Recovery Order is a Court Order that authorises police (usually the Australian Federal Police) to locate, recover, and return a child to a parent, person, or organisation with a current Parenting Order. These orders are typically made when a child has been taken or withheld from a person who has parental responsibility or care under a Parenting Order.
The legislative basis for recovery orders can be found in section 67Q of the Family Law Act 1975 (Cth).
Interim & Ex Parte Applications
If a child has been taken without consent or is not returned as required, time is of the essence. Courts can hear urgent applications for recovery orders, sometimes on an ex parte basis (without the other party present), especially where there is an immediate risk to the child’s safety or wellbeing.
- Same-day or next-day listings may be possible in truly urgent matters.
- In less urgent but still time-sensitive cases, it may take a few days to a couple of weeks to get before a judge.
However, even if the Court acts quickly, it does not guarantee immediate recovery of the child.
What Factors Affect How Long a Child Recovery Order Takes?
Several factors influence how quickly a recovery order can be made and executed:
Urgency of the Circumstances
The Courts will prioritise the matter if there is evidence of harm, risk of harm, or concerns of abduction (including international removal).
Orders can sometimes be made within 24 hours in such scenarios.
Availability of the Court
Court timetables can impact how quickly a matter is heard.
While the FCFCOA has procedures for urgent listings, Court resources and judicial availability may affect timing.
Completeness of the Application
A well-prepared application that clearly sets out the facts, urgency, and includes supporting documents such as Parenting Orders, affidavits, and police reports can lead to faster outcomes.
Location of the Child
If the child’s whereabouts are unknown, the Australian Federal Police (AFP) may need to conduct inquiries to locate the child. This can extend the recovery period by days, weeks, or even months.
Compliance by the Other Party
If the person who has taken the child complies with the order voluntarily, the process may conclude relatively quickly.
If not, enforcement measures may need to be escalated, possibly involving warrants or further Court action.
Typical Timelines
While each case is unique, here’s a general indication of how long the process may take:
Preparation & Filing of Application
1-3 days (if urgent).
Initial Court Hearing (Urgent Listing)
Same day to 2 weeks.
Making of the Recovery Order
At the hearing (if granted).
Police Enforcement of the Order
Within days, several weeks, or even several months.
Full Recovery & Return of the Child
Days to months, depending on location and compliance.
Delays & Complications
Recovery orders are designed to be expedited. However, various factors can delay enforcement:
- The child is moved across State or Territory borders.
- The child is concealed by the other party or their network.
- The AFP has difficulty locating the child.
- Non-cooperation by third parties (e.g., schools, family, or friends).
- Overseas removal.
In some of the more complex cases, despite having a recovery order in place, the actual location and return of the child can take several weeks to months, especially where concealment or international travel is involved.
What You Could Do to Help Expedite the Process
To avoid unnecessary delays:
- Act quickly: Do not delay in seeking legal advice or lodging your application.
- Gather strong evidence: Documentation showing the breach of a Parenting Order or evidence of risk.
- Provide detailed information: Including where the child might be, who they might be with, and any travel documents.
Final Thoughts
At the end of the day, the Court’s paramount concern is the best interests of the child, and the recovery process is designed to serve that objective. However, despite the Court’s capacity to act urgently, Child Recovery Orders are not always immediate in their enforcement. Having the right legal strategy from the outset can significantly improve the likelihood of a swift and successful outcome.
Disclaimer: This article is intended for general information only and is not a substitute for legal advice. If you need assistance with a child recovery matter, please speak to a qualified family lawyer.
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For more information, contact Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.
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