I have not seen my child for months. What can I do?
This is national law, so it applies across Australia. Some services listed here are in Victoria. For services in your state or territory, see Help in other states.
In Western Australia, family law cases go to the Family Court of Western Australia, and de facto property is dealt with under WA law. The main rules are similar, but the forms and some steps are different.
Last checked: 31 October 2026
The short answer
Start by trying to sort it out without court: a calm message, help from the Family Relationship Advice Line, or family dispute resolution. If there are no orders, you can apply for parenting orders. If there are orders and they are not being followed, you can file an Application - Contravention. If you do not know where your child is, or fear they may be taken overseas, act quickly and get legal advice.
Key dates and time limits
- Contravention applications are usually first looked at by a registrar within 14 days of being lodged.
- A section 60I exemption can apply if orders on the same issue were made in the last 12 months and the other parent has shown serious disregard for them.
- If a child may be taken overseas before the next working day, call the court on 1300 352 000 out of hours to reach the emergency service.
Step by step
Check your child is safe
If you think your child is in immediate danger, call 000. Write down when you last saw your child and every attempt you have made to make contact.
Try steps short of court
Send a short, polite message asking to arrange time. Call the Family Relationship Advice Line on 1800 050 321 for help. Family dispute resolution can help you and the other parent reach an agreement.
If there are no orders, apply for parenting orders
You usually need a section 60I certificate from a family dispute resolution practitioner first. If the other parent refuses to attend, the practitioner can give a certificate saying so. In urgent cases you can ask the court for an exemption.
If there are orders, apply for contravention
A person contravenes an order if they intentionally fail to comply or make no reasonable attempt to comply. You file an Application - Contravention with an affidavit, a copy of the orders and a section 60I certificate or an affidavit seeking an exemption. You email it to contraventionlist@fcfcoa.gov.au. There is no fee, and the documents must be served personally.
If you do not know where your child is
The court can make a location order, which requires a person or a government agency to tell the court where the child is. A recovery order can require the child's return and allow the Australian Federal Police to find and return the child. Get legal advice before applying.
If your child may be taken overseas
The AFP can put your child on the Family Law Watchlist while they are still in Australia, so police are alerted at the airport. You need a court order, or a filed application, that limits overseas travel and asks the AFP to add the child. You email the court documents and the AFP request form to Alerts@afp.gov.au.
If your child has already been taken overseas
Report it to police and get legal advice fast. If the child is in a country covered by the Hague Convention, the Australian Central Authority may help. ISS Australia gives legal and social work help in these cases.
Who can help
Family Relationship Advice Line
Free national phone line for information, referrals and some free legal advice on family separation.
Victoria Legal Aid
Free legal information and help for Victorians, including family law. Legal Help Chat is on the website.
International Social Service Australia
Legal, social work and mediation help when a child has been taken, or may be taken, across a border.
Australian Central Authority
Helps when a child has been taken to a Hague Convention country.
Forms and the law
Contravention of parenting orders
How to apply when parenting orders are not followed.
fcfcoa.gov.au/hdi/breaches ↗National Contravention List
How the court handles contravention cases.
fcfcoa.gov.au/fl/national-contravention-list ↗How do I apply for parenting orders?
Includes recovery, location and Watchlist orders.
fcfcoa.gov.au/fl/hdi/apply-parenting-orders ↗AFP Family Law Watchlist
How to place a child on the Watchlist.
afp.gov.au/our-services/national-policing-services/family-law-watchlist ↗International parental child abduction
Attorney-General's Department help if a child has been taken overseas.
ag.gov.au/families-and-marriage/families/international-family-law-and-children/international-parental-child-abduction ↗Family Law Act 1975 (Cth), s 67J and s 67K (location orders)
legislation.gov.au/C2004A00275/latest/text ↗Family Law Act 1975 (Cth), s 67Q (recovery orders)
legislation.gov.au/C2004A00275/latest/text ↗Family Law Act 1975 (Cth), s 70NAC (contravention)
legislation.gov.au/C2004A00275/latest/text ↗Where this information comes from
These are public sources we used to write this guide. They are general information, not legal advice about your situation.
- Federal Circuit and Family Court of Australia How do I apply for parenting orders?
- Federal Circuit and Family Court of Australia Contravention of parenting orders
- Federal Circuit and Family Court of Australia National Contravention List
- Federal Circuit and Family Court of Australia Family dispute resolution
- Federal Circuit and Family Court of Australia Missing children
- Australian Federal Police AFP Family Law Watchlist
- Attorney-General's Department International parental child abduction
- International Social Service Australia Home page
- Family Relationships Online Advice line
- Victoria Legal Aid Contact us
- Federal Register of Legislation Family Law Act 1975 (Cth)
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