Note: The following information provides guidance on how to interpret and apply Guideline 2 and should be read in conjunction with that guideline in the Handbook.
Where there is any inconsistency between the following information and the guidelines, the guidelines will prevail.
Guideline 2.1 sets out eligibility criteria for matters involving a recovery order, regardless of whether a location or information order, or substantive parenting orders are also sought in the proceedings.
Guideline 2.2 sets out eligibility criteria for location or information orders, regardless of whether substantive parenting orders are also sought in the proceedings.
Where a recovery order is sought in addition to a location or information order, assistance should be sought under Guideline 2.1.
Some judicial officers will not hear matters for recovery, information or location orders if the applicant is not also seeking substantive parenting orders. This is because they hold the view that jurisdiction attaches to ‘best interests’ and recovery, location and information orders can only be made in the context of what orders are sought for the care of the child.
It is not a requirement under this guideline that substantive parenting orders are made with an application for a recovery, location or information order. Where substantive parenting orders are also sought, certain conditions and fee pathways apply to grants of assistance. These conditions and pathways are outlined in the guidelines, and the Notes.
Other notes in this section
Updated