Commonwealth Numbered Regulations

1996 No. 60 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 6

                               SCHEDULE 6                 Subrule 77.7

NEW FORMS 34 AND 35
                                "FORM 34              Order 34, rule 3
Family Law Act 1975, Section 67Q RECOVERY ORDER
NAME OF COURT:                            FILE NO:
AT: APPLICANT: (insert full name) RESPONDENT(S): (insert full name(s)) TO:
*The Marshal

*The Deputy Marshal

*All officers of the Australian Federal Police

*All officers of the State and Territory Police Forces

*(Insert name of person to whom recovery order is directed)

*(Insert name of child recovery officer) ON THE APPLICATION OF THE above
APPLICANT, THE COURT ORDERS THAT:

*1. You are required to *return/*deliver the child, (insert name of child),
born on (insert child's date of birth) to:

*(a) the applicant at (insert address of applicant); or

*(b) the following person, (insert name and address and relationship (if any)
to child of person who is to receive child), who is to receive the child on
behalf of *the applicant/*(specify person on whose behalf child is to be
received); or

*(c) the following person, (insert name and address and relationship (if any)
to child of person to whom child is to be returned or delivered).

*2. You are *authorised/*directed, with such assistance as you require, and if
necessary by force, to find and recover the child.

*3. The Registrar must give you any information provided to the Registrar of a
court under a location order that may assist you in finding and recovering the
child.

*4. You are *authorised/*directed, with such assistance as you require, and if
necessary by force, to stop and search:

*(a) any vehicle, vessel or aircraft in which there is, at any time,
reasonable cause to believe that the child may be found; or

*(b) (specify vehicle, vessel or aircraft) for the purpose of finding and
recovering the child.

*5. You are *authorised/*directed, with such assistance as you require, and if
necessary by force, to enter and search:

*(a) any premises or place in which there is, at any time, reasonable cause to
believe that the child may be found; or

*(b) (specify premises or place) for the purpose of finding and recovering the
child.

*6. The following directions apply to the day-to-day care of the child until
the child is returned or delivered to the person specified above: (insert
directions).

*7. (Insert name and address of person) is prohibited from again removing or
taking possession of the child.

*8. If (insert name of person specified in paragraph 7) again removes or takes
possession of the child, *he/*she may be arrested, without warrant.

*9. This order remains in force until (insert date).
DATED:                  19     .

By the court .................................. Registrar (Insert name),
*counsel/*solicitor, appeared for the applicant. (Insert name),
*counsel/*solicitor, appeared for the respondent. (NOTES: 1. If no date is
specified in item 9, the order remains in force for 12 months after the date
it is made. 2. It is understood that it is at the discretion of the person
authorised or directed to find and recover a child under this order to recover
the child from the place where the child is found if the person to whom the
child is to be returned or delivered is not present and able to receive the
child. 3. If the person who is authorised or directed to carry out this order
is given information provided to the Registrar of a court under a location
order, that information must not be disclosed to any person, except as
authorised by subsection 67P (1) of the Family Law Act.)

* Omit if not applicable. ".
                              "FORM 35            Order 35, rule 7
(INSERT FORM 35-page 1) (INSERT FORM 35-page 2)