When a parent retains a child

From time to time the media will report that a child has been retained by one parent.

If the child is in Australia the parent who does not have the child can bring an application with the Family Law Courts to try and recover the child. This is known as a 'recovery order'.

It is necessary to present any existing orders, where the child usually lives, when the child ought to have been returned, where the child could be, steps that have been taken to locate the child, why it is in the child's best interest to be returned and the likely impact on the child if a recovery order is not made.

If the parent with the child participates in proceedings the Court will make an order as to which parent the child should be pending further order being made.

If the parent with the child cannot be found the Court can order that a person, such as a police officer, take appropriate action to find, recover and deliver the child to the applicant parent or some other carer. The steps that can be taken include stopping and searching vehicles, vessels or aircrafts and the searching of any premise or place where the child reasonably could be.

The Court can also order a 'location order' to obtain information from a government agency about the child's possible location. The Court can also make a 'publication order' which allows the media to publish the details and photographs of the missing child.