Relocation, Recovery & Location Orders

Some of the most urgent and difficult parenting matters arise when a child is moved away, withheld, or at risk of being taken. Australian family law provides specific remedies for these situations — relocation orders, recovery orders and location orders. At Bruce Dulley Family Lawyers we act quickly and decisively for Brisbane parents facing these stressful circumstances, whether you need to prevent a move, respond to one, or recover a child.

Relocation is the term used when one parent wants to move with a child to a new location — interstate, overseas, or even a significant distance within Queensland — in a way that would substantially affect the time the child spends with the other parent. There is a common misconception that a parent is free to move wherever they like with their child. In fact, if there are parenting orders in place, or if the other parent does not consent, moving a child a significant distance can be unlawful and can lead to the child being ordered back. A parent who wishes to relocate should seek either the other parent's agreement or the Court's permission before moving.

Relocation cases are decided, like all parenting matters, on the best interests of the child. The Court considers the benefits of the move and weighs the genuine reasons for the proposed move — a new job, family support, a new relationship, escaping family violence, or returning to a home community — against the impact the move would have on the child's relationship with the other parent and the practicality of maintaining that relationship across distance. These are finely balanced cases, and the outcome depends heavily on careful evidence and presentation. We act both for parents seeking to relocate and for parents seeking to prevent a relocation.

A recovery order is a court order that directs the return of a child to a parent or carer, and authorises and directs a person — such as the police or the Australian Federal Police — to find, recover and deliver the child. Recovery orders are used where a child has been taken or kept away from the parent the child lives with, or in breach of existing parenting orders. These applications are often urgent, and the Court can deal with them quickly. If your child has been withheld or taken, you should obtain advice immediately, because acting promptly improves your position.

A Location Order is an order requiring a person — or a government department such as Centrelink, the Child Support Agency, or Medicare — to provide the Court with information about where a child is located. It is used when a parent does not know where their child has been taken. A related order, a Commonwealth information order, can compel federal agencies to disclose a child's parent's whereabouts to a solicitor or service agent. Location orders are often the first step before a recovery order can be made, because you cannot recover a child until you know where they are.

There is also an international dimension. Where there is a risk that a child may be taken overseas, the Court can place a child's name on the Family Law Watchlist (formerly the Airport Watch List) maintained by the Australian Federal Police, which can prevent the child from leaving the country. Where a child has already been wrongfully taken to or from another country, the Hague Convention on the Civil Aspects of International Child Abduction may apply, providing a process for the child's return.

These matters move fast and the stakes could not be higher. Our role is to give you clear, immediate advice, to file the right application without delay, and to put the strongest possible case before the Court to protect your child and your relationship with them. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.