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Seeking urgent recovery orders in the Family Court

Precedent orders

Ex parte Order

That the applicant be granted leave to proceed ex parte for the purpose of a Location and Recovery Order.

Interim “live with” Order

That pending further order the child/ren  [names] shall live with the [          ].

Interim “spend time with” Order

That pending further order the child/ren [names] shall spend time with the respondent as follows.

General Recovery Order

That the respondent shall forthwith return the child/ren to the applicant.

Australian Federal Police (AFP) Recovery Order

  1. That a Recovery Order issue for the child/ren [child/ren(s) names] pursuant to section 67Q of the Family Law Act 1975.
  2. That the Marshall, the Deputy Marshall, all officers of the Australian Federal Police and all officers of the State and Territory Police be authorised and directed with such assistance as they require and if necessary by force to:
    a. stop and search any vehicle, vessel or aircraft and search premises or place for the purpose of finding the child/ren;
    b. recover the child/ren;
    c. deliver the child/ren to the applicant;
    d. arrest, without warrant, the respondent in the event that the respondent again removes or takes possession of the child/ren.

Injunction from removing the child

That the respondent be prohibited from again removing or taking possession of the child/ren.

Location Order

That pursuant to s67N(2) of the Family Law Act that the Chief Executive Officer of Centrelink furnish forthwith to the Family Court of Australia at [location] information about the location of the child/ren [names] or the mother/father [names] that is contained or comes into the records of Centrelink.

That pursuant to section 67P(1)(d) of the Family Law Act leave be granted to disclose the information provided to the Registrar of the Family Court of Australia at [          ] and that the Court arrange for a process server to effect service of the documents on the respondent and that the applicant pay the costs associated with such service.

Restraint from removal from Australia

That each party be and hereby are restrained from removing and/or causing or allowing the child/ren, [names], born on [dates of birth], to be removed from the Commonwealth of Australia.

Airport Watch List

That until further Order each party, (First Name, Second name, SURNAME and Date of Birth of each party) their servants and/or agents be and are hereby restrained from removing or attempting to remove or causing or permitting the removal of the said child/children (First Name, Second Name, SURNAME and Date of Birth of each part) from the Commonwealth of Australia, AND IT IS REQUESTED that the Australian Federal Police give effect to this order by placing the name/names of the said child/children on the Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child’s/children’s name/names on the Watch List until the Court orders its removal.

Dispense with section 60I certificate

That the requirement for a section 60I certificate be dispensed with.

Publication Order

That pursuant to section 121 of the Family Law Act the applicant is permitted to publish and broadcast the names of the children [names] and [date of birth].