Abduction

Typically, if children have been abducted, an urgent application for a recovery order from the court is advisable.

When considering an application for a recovery order the court will have regard to factors including:

• A brief history of the relationship between the parties
• The party with whom you the children usually reside
• Any steps party seeking recovery has taken to locate the children or have them returned
• The reasons why it is in the children’s best interests to have the children returned.

It is usually the case that an application for a recovery order should be made soon as possible following the children being taken.

If the children are abducted from Australia and removed to a country party to the Hague Convention on the International Abduction of Children (“the Hague Convention”) then the Australian Central Authority will typically assist in recovery of the children. However, in the event the children are abducted from Australia and removed to a country that is not a party to the Hague Convention legal advice and representation may be required.