My former spouse has refused to return our child, what do I do? - Rayner Song Family Lawyers

You may first wish to contact the Police and the Department of Human Services so they can help you to check on the welfare of your child. You may also wish to contact your child’s school to ascertain whether your child has been attending school.

If there are no existing Court Orders in place, you can seek a Court Order for your child to be returned to you and further Orders about the long-term custody arrangements. If there are already Court Orders in place and you believe your former spouse is breaching these Orders, then you may need to make an application to the Court. The type of application you will need to make to the court will depend on the circumstances of your case. For example, you may wish to:

  • Lodge a Contravention Application against the other parent;
  • Apply for new Orders to be made; or
  • Apply to enforce the existing Orders.

Each application has advantages and disadvantages. We are able to provide you with more detailed advice if you contact us for further information.

In an emergency, you should always first contact emergency services.

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