About the kit
A recovery order is a direction from the court to find and return a child. It can be ordered against a person or the Australian Federal Police (AFP).
The Recovery order kit is for parents who are representing themselves in court to help them prepare and file an application to court for a recovery order.
Download the kit
Our organisation is committed to providing accessible information. Some of these documents are designed to be printed and attached to your application, and therefore may not meet level AA of the Web Content Accessibility Guidelines 2.1. If you are unable to use any of the content of this page, please contact Simon.Macdonald@vla.vic.gov.au for an accessible version.
Recovery order kit brochure
This guide explains how to get a recovery order.
Initiating application kit
Complete the initiating application form to start your court case.
Download the Initiating application kit.
Order
Complete the missing information and attach to your initiating application.
Download the Recovery orders section of the initiating application.
Notice of child abuse, family violence or risk form
The Notice of child abuse, family violence or risk form is a mandatory court form to be completed with your initiating application kit.
Download the Notice of child abuse, family violence or risk form.
Blank affidavit form
Use the Blank affidavit form to set out your evidence in support of a recovery order.
People who can witness your completed affidavit include:
- a justice of the peace
- a lawyer in current practice
- a member of Parliament
- a senior officer of a local government council.
A full list of people who can witness your affidavit can be found on the Justice and Regulation website.
Download the Blank affidavit form.
Example affidavit
The example affidavit can be used as a guide to writing out your evidence in the Blank affidavit form.
Download the Recovery order kit example affidavit.
Federal Circuit and Family Court brochure: Preparing an affidavit
The Preparing an affidavit brochure provides information to help you complete your affidavit of evidence in support of your recovery order. An affidavit is a written statement setting out the information about the case in your own words.
Download the brochure Preparing an affidavit.
Genuine steps certificate
The Genuine steps certificate is a mandatory court form you must complete with your initiating application. Complete the certificate by following the instructions on the form. If your matter is urgent, pay attention to question four in Part B on the form. Address the reasons for urgency in your affidavit.
Download the Genuine steps certificate.
Application for exemption from fees – general
If you have a health care card or get Centrelink benefits, use this application form to apply to not pay the court fees that are usually needed when filing your initiating application.
Download the Application for exemption from fees – general (family law).
Application for exemption from frees – financial hardship form
If you don’t have a health care card or receive Centrelink benefits, but are experiencing financial hardship, you can make an application to not pay the court fees that are usually needed when filing your initiating application.
Download the Application for exemption from frees – financial hardship form.
Federal Circuit and Family Court Service kit
Guide on how to go about serving the other side with your court papers, once filed in court.
Download the Service kit.
Federal Circuit and Family Court brochure: Marriage, families and separation
This is a mandatory court brochure which you must include when giving the documents to the other party.
Download the brochure Marriage, families and separation.
AFP Recovery order information sheet
When you have a court order for recovery of your child, use this form to notify the AFP and seek their assistance.
Download the Recovery order information sheet.
Contact
For more information about using this kit, contact Legal Help:
- Speak to us
- Get help in your language
- Support if you are deaf or find it hard to hear or speak on the phone.
If we can’t help, we can refer you to other organisations that can.
More information
Recovery orders
This fact sheet explains what a recovery order is and who can apply. It also includes information about what you can do when a child has been taken from Australia without consent, or has not been returned to Australia.
Download the Recovery orders fact sheet from the Federal Circuit and Family Court of Australia website.
Note: Before applying to the court for a recovery order, you should seek legal advice.
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