My ex took the kids for Christmas and won’t give them back – what can I do?
Christmas is often a time for parenting disputes to occur in Australia. If a parent refuses to return children after holiday contact, the situation can quickly escalate.
Here’s what you can do – and how we can help.
Do police help in this situation?
Police usually cannot intervene unless:
- You have obtained a Recovery Order, or
- There is an existing Parenting Order that the other parent is breaching, or
- The circumstances place the children at immediate risk, warranting police attendance.
If you have an informal agreement or a Parenting Plan, the police cannot force the other parent to return the children.
If there are Parenting Orders in place
Failing to return the children on the agreed date is a breach of the Orders.
Your options include:
1. Apply for a Recovery Order
This requires an Application to be made to the Federal Circuit and Family Court of Australia (“the Court”). If the Court makes a recovery order it will direct the police to locate the children and return them to you.
2. File a Contravention Application
A Contravention Application asks the court to consider if the other parent’s breach has contravened the Orders the Court has previously made, and whether the other parent has a reasonable excuse why they have contravened the Orders. The court can order make-up time, fines, or, in serious repeat cases, imprisonment.
We regularly file urgent recovery applications around Christmas; the courts operate in a limited capacity during this time.
If there are no Parenting Orders
You may:
- Attempt to negotiate a return time of the children with the parent who has retained the children
- Engage in urgent mediation (if safe and appropriate)
- Apply to the Federal Circuit and Family Court for urgent interim parenting orders
- Apply for an urgent Recovery Order if the circumstances justify it
You may not need to mediate first if the matter is urgent — for example, if a parent fails to return the children following a holiday.
Why acting quickly matters
Delays can make recovery harder, especially if:
- The other parent keeps the children for an extended period of time
- They enrol them in school elsewhere
- They move interstate
- They claim you consented to the change