Child Abduction, Recovery Orders and the Hague Convention

One of the worst things that a separated parent can experience is if their former partner disappears with their child. It is a situation which causes many mixed emotions like anxiety, anger, frustration, and sadness. They do not know if their child is safe. They do not know if or when they will see or speak with their child again.

These situations can sometimes be avoided. If you become aware that your former partner and child are about to permanently leave Australia or Western Australia without your consent, you may be able to seek an urgent injunction or a watchlist order preventing your child from leaving the country.

However, it is usually too late to put preventative measures in place because the child has already been taken without any warning.

If your former partner and child have already gone, you can file an urgent application for a recovery order to have your child returned into your care. Recovery orders are usually granted if they are promptly filed and the former partner and child are not fleeing from family violence.

If you do not know where your former partner and child have gone but you suspect they are still in Australia, you can file an application seeking a Location Order or Commonwealth Information Order.

If your former partner and child have already departed Australia, you should consider promptly commencing proceedings under the Hague Convention. If they are in a participating jurisdiction, your child will be found and returned to you in Australia.

Please feel welcome to contact Michael Klimek by email at michael@klimekfamilylaw.com.au or phone on 08 6141 3227 to discuss the available options to locate and return your child to you.