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Abduction in Australia
If your children are taken without your agreement and you think they are in Australia, you can apply for an order to find out where they are (a ‘location order’).
The court can order individuals and government departments to say what they know about where the children are. For example, Centrelink may know the location of the parent who has the children.
If the court decides it is in the children’s best interests, it can order that they be returned to you. It is important to act quickly and get legal advice.
If the children are taken or moved in Australia, and the move affects your ability to have a relationship with them, you can apply to the court for a ‘recovery order’ to have the children returned to you while the issues are being sorted out.
The Australian Federal Police (link below) are usually involved in the return of children, but sometimes it is the state police.
The costs of returning the children are your responsibility.
More information
Related publications
You and family law: a short guide
Related websites
How we can help
Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
Our other free legal services include:
- free contravention workshops about how to prepare a contravention application and represent yourself if your former partner breaching (disobeying) court orders
- legal advice at our offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.