If your ex-partner has taken your child or if you feel that there is good reason to retain your child from them, you should contact us right away.
When a parent takes or retains a child without the other parent’s permission and contrary to a Parenting Order or Parenting Plan the Court has power to make a Recovery Order.
Sometimes there are good reasons for taking or retaining a child, for example, where there has been domestic violence or sexual assault or where there is serious risk of harm to a child.
Other times a parent may take or retain child for misguided reasons or to advance their own agenda.
In either case, prompt action is always in the children’s best interest.
How We Help
We assist parents in these difficult situations by:
- Making urgent attempts to contact their ex-partner to negotiate the recovery of a child or to negotiate new parenting or access arrangements.
- Making Urgent Court Applications for Recovery Orders.
- Making Court Applications for Orders to assist with the locating of children, where necessary, including Location Orders, Commonwealth Information Orders and Publications Orders.
Recovery Orders
A Recovery Order is an order of the Family Court that can require that a child be returned to:
- A parent of the child,
- A person who the child lives with in accordance with a parenting order,
- A person who the child spends time with or communicates with in accordance with a parenting order, or
- A person who has parental responsibility for the child.
You can apply for a Recovery Order if you are:
- A parent of the child,
- A grandparent of the child; or
- A person concerned with the care, welfare and development of the child.
The Court will make a Recovery Order if it is in the best interests of the child to do so.
If the Court considers that your child should be returned to you, the Court will provide the person who removed your child with the opportunity to agree to Court Orders for the child to be returned, including Orders for when and how the child is to be returned. If the other person does not agree to return your child, then a Recovery Order will be made.
A Recovery order will usually authorise the Australian Federal Police to do all things necessary (including using force) to recover the child from the person who has retained the child and will prohibit that person from removing the child again.
What if I was the one who kept the kids?
Sometimes parents choose to retain their children for good reason.
If you have decided to keep the children, contact us today as you may need to file an Application with the Court seeking Orders that the children live with you.
If you have been served with an Application for a Recovery Order by your ex-partner seeking that the children be returned to them you will need to respond to the application and attend the Court hearing.
Our Family Lawyers are able to assist with drafting your Application or Response and supporting Affidavits and representing you in Court.
How We Charge
We offer flexible fee structures and payment arrangements for our clients including:
- A once-off fixed fee initial consultation to get you started in Family Law,
- Hourly rates or negotiated fixed fees for each stage of your matter.
Our Family Lawyers will discuss our fees and charges with you and will provide an estimate of the fees and charges likely to arise in your matter.
Family Law Smart Start Guide
More Information

Family Law Smart Start Guide
Marriage or relationship breakdown is one of the most stressful life events that you will encounter.
Getting through it and successfully moving on will depend on many things, including the ability and experience of your Family Lawyer.
Experience the empowerment of knowing where you stand at an early stage by downloading our guide and making a Smart Start Appointment with one of our dedicated Family Lawyers.

Advanced Estate Planning Guide
Over the last 10 years or so there has evolved an increasing responsibility for Solicitors and other advisors to ensure that clients are aware of the legal solutions available to protect their Estates (current and future assets) and give effect to their Estate Planning intentions.
Notwithstanding, many Solicitors and other advisors continue to adopt a basic approach to Estate Planning only and do not offer any service to address Advanced Estate Planning considerations and solutions.
Testimonials
It is so good to see a professional with such great customer service
You were actually referred to me by one of your previous clients. Just goes to show how strong word of mouth is, especially in this town. There are now more people running around Newcastle saying what a terrific job you do.
From my perspective you are light years ahead of the competition. It is so good to see a professional with such great customer service, who can communicate in a calm clear manner, especially when I am and usually a bit emotional.
Keep up the good work, I look forward to continuing to work with you on my matter.
P
My sincere gratitude for getting this arranged with commensurate alacrity
My sincere gratitude for getting this arranged with commensurate alacrity, it is thoroughly appreciated!
T
A true champion of your profession
Thank you very much for all you have done for me. I had the best nights sleep I’ve had in 4 years last night. Once again thank you for your patience and attitude and commitment for a positive outcome. A true champion of your profession.
G
Thank you for all your support
Thanks Samantha,
I’m still feeling a little shell-shocked but slowly getting used to the idea that it is nearly all over.
Thank you for all your support – professionally and emotionally. It was a big day and I was glad you were with me throughout the entire process.
J
You have just given our family the best Christmas present ever
“Clare
You are amazing you have just given our family the best Christmas present ever”.
Kaenarelle S.
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