What If Your Child Is Taken Without permission?

Location Orders

What happens if your child is taken without your permission, and you do not know where your child is?

You should ask friends and relatives to try to safely locate the other parent. If you cannot make enquiries or your enquiries lead nowhere, you can apply to the Court for a Location Order. This is an Order that allows you to ask an organisation or a person to provide information about the location of a child, directly to the Court. This type of order is typically sought in family law matters where a child’s location is unknown, and there is a need to determine their whereabouts to ensure their safety and welfare.

You can seek a location order in the following circumstances:

1. Parental Disputes: When one parent has taken a child without the consent of the other parent or in violation of a court order, and the child’s location is unknown.
2. Child Welfare Concerns: If there are concerns about the child’s safety or welfare, and their location needs to be determined to address these concerns.
3. Enforcement of Parenting Orders: When a parent is not complying with existing parenting orders, and the child’s location is necessary to enforce these orders.

To apply for a location order under the Family Law Act 1975 in Australia, you would generally follow these steps:

1. Legal Advice: It is advisable to seek legal advice to understand your rights and the process involved. A lawyer can help you prepare the necessary documents and represent you in court.
2. Application: File an application with the Federal Circuit and Family Court of Australia. The application should include details about the child, the reasons for seeking the location order, and any relevant evidence supporting your case.
3. Affidavit: Along with the application, you will need to file an affidavit. This document should provide detailed information about the circumstances leading to the application, including any attempts to locate the child and the reasons why the child’s location is unknown.
4. Service: Serve the application and affidavit on the other party or parties involved. This is a legal requirement to ensure that all parties are informed about the proceedings.
5. Court Hearing: Attend the court hearing where the Judge will consider your application. You may need to present evidence and make submissions to support your case.
6. Court Decision: The court will decide whether to grant the location order based on the evidence presented and the best interests of the child.
7. Compliance: If the order is granted, the person or organisation named in the order must comply by providing the requested information about the child’s whereabouts.

It is important to note that the court’s primary consideration in granting a location order is the best interests of the child. Therefore, the application should clearly demonstrate how the order will serve those interests.

If you need assistance understanding the specific requirements and process involved in your situation, please contact our Family Law Team on 8525 2700 or click here to request an appointment, or click on the Book Now button below.

Our experienced team of Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, Nikita Ward and Kirstin Attard.

Article by Shweta Kumar
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