Few situations are more distressing than arriving to collect your children after scheduled contact, only to be told they are not coming back. When emotions run high, it can be difficult to know what to do next. Under Australian Family Law, there are clear legal pathways available if your former partner refuses to return your children after a visit.

Understanding your rights and acting quickly can make a significant difference.

Is It a Breach of Family Law?

Whether your ex’s actions are unlawful depends largely on whether there are existing parenting orders in place.

If you have court-ordered parenting arrangements issued by the Federal Circuit and Family Court of Australia, failing to return the children at the agreed time is generally considered a contravention of parenting orders.

If there are no formal court orders — only informal or verbal agreements — the situation becomes more complex. While it may not automatically be a criminal matter, it can still require urgent legal action under Australian Family Law principles.

Stay Calm and Attempt Communication

Before escalating the matter legally, try to communicate in writing (such as text or email). Keep your messages polite and child-focused. Courts expect parents to prioritise the children’s best interests and to attempt reasonable resolution where safe to do so.

However, if you believe your children are at risk of harm, contact the police immediately.

Contact the Police (If Appropriate)

Police involvement depends on the circumstances.

• If there is a parenting order being breached, police may assist in enforcing it.
• If there are concerns about safety, police can conduct welfare checks.
• If the other parent intends to relocate or conceal the children, urgent intervention may be necessary.

Police are more likely to act where clear court orders exist.

Apply for a Recovery Order

If your ex refuses to return the children and negotiation fails, you may apply to the Federal Circuit and Family Court of Australia for a Recovery Order.

A recovery order can:

• Require the return of the children
• Authorise police to locate and recover them
• Prevent the other parent from removing the child from Australia
• Direct agencies to provide information about the child’s location

Recovery orders are typically treated as urgent applications in Australian Family Law proceedings.

File a Contravention Application

If parenting orders exist and have been breached without reasonable excuse, you can file a Contravention Application.

The court may impose:

• Make-up time with the children
• Fines
• Mandatory parenting programs
• In serious cases, imprisonment

Australian Family Law courts treat repeated breaches seriously, especially where a parent deliberately undermines the relationship between the child and the other parent.

What If There Are No Parenting Orders?

If no court orders are in place, your first step may be to apply for parenting orders urgently.

The court’s primary consideration under Family Law is the best interests of the child, including:

• The benefit of having a meaningful relationship with both parents
• Protection from harm
• Stability and consistency
• Each parent’s ability to provide for the child’s needs

An urgent interim hearing can often be requested if a child has not been returned.

Can This Become a Criminal Matter?

In some circumstances, retaining a child can amount to a criminal offence, particularly if there is intent to permanently deprive the other parent of parental rights or to remove the child overseas.

Australia is a signatory to the Hague Conference on Private International Law, and international child abduction matters are governed by the Hague Convention. If you fear your child may be taken abroad, urgent legal advice is essential.

Do Not Take Matters Into Your Own Hands

It can be tempting to attempt to collect the children yourself. However, doing so without legal authority can escalate conflict and potentially expose you to allegations of misconduct.

Family Law courts assess parental behaviour carefully. Acting calmly and lawfully strengthens your position.

The Importance of Legal Advice

Every parenting dispute is different. Factors such as family violence allegations, relocation risks, and prior court history can significantly affect your legal options.

An experienced Australian Family Law solicitor can:

• Assess whether urgent orders are required
• Prepare a Recovery Order application
• File contravention proceedings
• Represent you at urgent hearings
• Help negotiate a resolution

Time is often critical in these matters.

Practical Tips While the Matter Is Ongoing

• Keep detailed records of communication
• Save text messages and emails
• Note dates and times of missed handovers
• Avoid inflammatory language
• Prioritise the child’s wellbeing

Courts value organised, child-focused parents.

Suggested External Links:

• Federal Circuit and Family Court of Australia – Parenting Orders Information
• Attorney-General’s Department (Australia) – Family Law Overview
• Legal Aid Australia – Parenting and Custody Guidance
• Hague Convention Information (Attorney-General’s Department)

When your ex refuses to return the children after a visit, the situation can feel overwhelming. However, Australian Family Law provides structured remedies to protect both children and parental rights.

Whether through a Recovery Order, contravention proceedings, or urgent parenting applications, the legal system offers pathways to restore arrangements and ensure children’s best interests remain paramount.

The key is acting promptly, calmly, and with proper legal guidance.

If your ex has refused to return your children, don’t wait.

Seek urgent Family Law advice to protect your parental rights and your child’s wellbeing. Speak with an experienced Australian Family Law solicitor. Contact New South Lawyers today and take decisive legal action.