Urgent relocation restraint and recovery applications
Urgent relocation matters require the applicant to establish unilateral movement of the child has occurred or is imminent, that the move materially affects parenting, and that interim orders are needed before the other party can be heard.
This is an 8-step workflow for filing an urgent ex parte application to restrain a relocation or recover a child who has already been moved, under the Family Law Act.
Before you start
- Evidence the child has been moved or is about to be moved
- Current instructions on the child's usual place of residence and schooling
- Existing parenting orders or plans (if any)
- Client's full contact timeline with the child over the last 6 months
The workflow
Confirm urgency and gather evidence
Confirm the relocation is imminent or has occurred. Gather text messages, flight bookings, removalist details, or school notifications supporting the urgency.
Draft the Initiating Application (ex parte)
Draft the application seeking a location order, recovery order, and restraint on travel. Include an order requiring passports to be surrendered to the court.
Draft the urgent affidavit
Prepare a focused affidavit setting out the relationship history, the child's usual circumstances, the precipitating events, and why the order is needed before service.
Include the PACE alert and watch list request
Seek an order placing the child on the Australian Federal Police Family Law Watchlist and any PACE alerts with state police.
File and request urgent listing
File via the Commonwealth Courts Portal with a request for urgent listing. Contact the registry by phone to confirm the matter has been seen by a duty registrar.
Attend the ex parte hearing
Attend the urgent listing and make oral submissions on the evidence. Duty of candour is heightened in ex parte applications.
Execute the orders with AFP/state police
If a recovery order is made, liaise with the AFP or state police to execute. Provide the order and a photo of the child to the executing officer.
Prepare for return date on notice
Prepare for the on-notice return date with updated material, including the child's whereabouts, living arrangements, and any proposed longer-term regime.
What you will have at the end
Urgent ex parte orders restraining removal or directing recovery of the child, along with a short return date for the other party to be heard.
Common issues
- Insufficient evidence of imminent relocation (courts are cautious with ex parte orders)
- Missing the duty of candour and not disclosing weaknesses in the application
- Not addressing why notice cannot be given to the other party
- Drafting a recovery order without naming all adults present at the child's location
- Forgetting to include passport surrender and watchlist orders
Run this workflow on a real matter
Quillio drafts urgent ex parte recovery and watchlist applications with the heightened duty of candour built in, and cross-checks against current FCFCOA urgent practice directions. See /practice-areas/family-lawyers.
This workflow is a general guide. Urgent relocation matters are high-stakes — consider whether the Hague Convention on Child Abduction applies if the child has been moved internationally.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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