Location Orders in Australian Family Law

18 March 2025 in Family and Divorce Law | 3 min read | skip to FAQs

Australia’s Family Law Act 1975 (Cth) offers two important legal mechanisms for the retrieval and location of children when required during divorce, separation and family conflicts. These mechanisms are known as location orders and recovery orders. This brief article examines location orders. For information on recovery orders, please see our article on recovery orders.

Location Orders

Location orders are orders of the Court which compel people and governmental bodies to provide information about the location of a child. These are described in section 67J(1) of the Family Law Act 1975 (Cth). In some circumstances it may be appropriate to pursue a location order in addition to a recovery order. There are strict rules which limit the disclosure of information acquired through a location order. The court must consider the best interests of the child when deciding to make a location order for that child.

Commonwealth Information and Publication Orders

A commonwealth information order is a type of location order which involves seeking location information from a government department or authority such as Services Australia. Once granted, this order lasts 12 months.

A publication order may be used when a custody dispute involves a suspected abducted child. Court proceedings regarding family law matters are generally not made public. However, if it is felt that the public could provide information about the location of a child a publication order, making the court proceedings public, may be sought.

Applying for Location Orders

Only certain people can apply for location orders. The people that may apply include;

1. People who the child lives with, communicates with or spends time with under a parenting order.
2. A grandparent of the child.
3. People who have parental responsibility for the child under a parenting order.
4. People concerned with the care, welfare or development of the child.

The Application Process

Applications for location orders need to be filed in the Federal Circuit and Family Court of Australia (FCAFCOA). If there are no parenting orders in place, an Initiating Application (Family Law) needs to be filed. A parenting order can be applied, alongside the recovery order.

However, if there are currently proceedings ongoing relating to the matter, then an Application in a Proceeding should be filed.

Regardless of which form is filed, it must be clearly stated exactly what orders you are requiring the FCAFCOA to make, as well as information about your child. Additionally, an affidavit in support of your application will need to be filed, detailing the following:

1. The history of your relationship between yourself and whoever you presume your child is with;
2. Any previous proceedings and orders relating to this matter;
3. Information about your child and their current living arrangements;
4. Details about how your child was either taken or not delivered to you;
5. Where you believe your child is located and why you believe this is the case;
6. Any steps already taken to find your child;
7. Why it would be in your child’s best interests to be returned to you;
8. What impact your child will face in the absence of a recovery order; and
9. Any other relevant factors.

How can BSM Sydney Lawyers assist you?

The highly experienced family lawyers at Brander Smith McKnight are very familiar with location orders and are happy to provide advice and issue the legal orders. We can represent you in negotiations both inside and outside of court. Our family lawyers will strongly advocate for you and alleviate some of the stress during what can be a difficult time. BSM Sydney Lawyer has a strong track record in settling family and parenting matters without the need for litigation, saving you time, money and stress. Our family lawyers offer a free 20-minute consultation.

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BSM Lawyer Sydney has offices offices conveniently located at Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.