Recovery order kit

Recovery order kit

About the kit

A recovery order is a court order directing someone or the Australian Federal Police (AFP) to take all appropriate action to find, recover and deliver a child.

The Recovery order kit is for use by self-represented parents to prepare and file an application to court for a Recovery Order.

What's in the kit

Download the kit

Recovery order kit brochure

This guide explains how to get a Recovery Order.

Download the Recovery Order kit brochure (docx, 137.97 KB).

Initiating Application form

Complete the initiating application form to start your court case.

Download the Initiating Application form.

Order

Complete the missing information and attach to your initiating application.

Download the Recovery orders (doc, 68.5 KB) section of the initiating application.

Notice of risk form

The notice of risk form is a mandatory court form to be completed with your initiating application form.

Download the Notice of risk form.

Blank affidavit form

Use the blank affidavit form to set out your evidence in support of an airport watch list order.

People who can witness your completed affidavit include:

  • a Justice of the Peace
  • a lawyer in current practice
  • a member of Parliament
  • a Senior officer of a Local Government Council.

A full list of people who can witness your affidavit can be found on the Justice and Regulation website.

Download the Blank affidavit form.

Example affidavit

The example affidavit can be used as a guide to setting out your evidence in the blank affidavit form.

Download the Recovery order kit example affidavit (doc, 93 KB).

FCC brochure: Preparing an affidavit

The Preparing an affidavit brochure provides information to help you complete your affidavit of evidence in support of your recovery order.

Download the FCC brochure: Preparing an affidavit.

Application for exemption from fees – general

If you have a health care card or receive Centrelink benefits, use this application form to apply to be exempt from the court fees that are otherwise payable on filing your initiating application.

Download the Application for exemption from fees – general.

Application for exemption from frees – financial hardship form

If you don’t have a health care card or receive Centrelink benefits, but are experiencing financial hardship, you can claim to be exempt from the court fees that are otherwise payable on filing your initiating application.

Download the Application for exemption from frees – financial hardship form.

FCC Service kit

Guide on how to go about serving the other side with your court papers, once filed in court.

Download the FCC Service kit.

FCC brochure: Marriage, families and separation

This is a mandatory court brochure relevant to your initiating application which you must include when serving the other party.

Download the FCC brochure: Marriage, families and separation.

AFP Recovery order information sheet

When you have a court order for recovery of your child, use this form to notify the Australian Federal Police and seek their assistance.

Download the Recovery order information sheet.

Contact

For more information about using this kit, call Legal Help 1300 792 387, weekdays from 8.45 am to 5.15 pm.

More information

Recovery orders

This fact sheet explains what a recovery order is and who can apply. It also includes information about what you can do when a child has been taken from Australia without consent, or has not been returned to Australia.

Download the Recovery orders fact sheet from the Federal Circuit Court of Australia website.

Note: Before applying to the Court for a recovery order, you should seek legal advice.