Victoria Legal Aid

About the kit

A recovery order is a direction from the court to find and return a child. It can be ordered against a person or the Australian Federal Police (AFP).

The Recovery order kit is for parents who are representing themselves in court to help them prepare and file an application to court for a recovery order.

Download the kit

Recovery order kit brochure

This guide explains how to get a recovery order.

Initiating application kit

Complete the initiating application form to start your court case.

Download the Initiating application kitExternal Link .

Order

Complete the missing information and attach to your initiating application.

Download the Recovery orders section of the initiating application.

Notice of child abuse, family violence or risk form

The Notice of child abuse, family violence or risk form is a mandatory court form to be completed with your initiating application kit.

Download the Notice of child abuse, family violence or risk formExternal Link .

Blank affidavit form

Use the Blank affidavit form to set out your evidence in support of a recovery 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 websiteExternal Link .

Download the Blank affidavit formExternal Link .

Example affidavit

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

Download the Recovery order kit example affidavit.

Federal Circuit and Family Court 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. An affidavit is a written statement setting out the information about the case in your own words.

Download the brochure Preparing an affidavitExternal Link .

Parenting questionnaire

The Parenting questionnaire is a mandatory court form you must complete with your initiating application. Complete this questionnaire by following the instructions on the form.

Download the Parenting questionnaireExternal Link .

Genuine steps certificate

The Genuine steps certificate is a mandatory court form you must complete with your initiating application. Complete the certificate by following the instructions on the form. If your matter is urgent, pay attention to question four in Part B on the form. Address the reasons for urgency in your affidavit.

Download the Genuine steps certificateExternal Link .

Application for exemption from fees – general

If you have a health care card or get Centrelink benefits, use this application form to apply to not pay the court fees that are usually needed when filing your initiating application.

Download the Application for exemption from fees – general (family law)External Link .

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 make an application to not pay the court fees that are usually needed when filing your initiating application.

Download the Application for exemption from frees – financial hardship formExternal Link .

Federal Circuit and Family Court Service kit

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

Download the Service kitExternal Link .

Federal Circuit and Family Court brochure: Marriage, families and separation

This is a mandatory court brochure which you must include when giving the documents to the other party.

Download the brochure Marriage, families and separationExternal Link .

AFP Recovery order information sheet

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

Download the Recovery order information sheetExternal Link .

Contact

For more information about using this kit, contact Legal Help:

If we can’t help, we can refer you to other organisations that can.

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 sheetExternal Link from the Federal Circuit and Family Court of Australia websiteExternal Link .

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

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 13 February 2023

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