Determining parenting arrangements for your child after separation is a difficult and emotional process. This can become more complicated if a parent removes the child from the Commonwealth of Australia without the consent of the other parent. Australia has put in place legal safeguards to assist with the recovery of children.
The Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”) is an international treaty aimed to protect children from the harmful effects of abduction and retention across international borders.
The Hague Convention provides a legal foundation and process for parents whose children have been unlawfully removed from Australia without their consent to be recovered and returned. The process involves Australian residents being able to submit an application to the Australian Central Authority in the Attorney General’s Department to recover their children.
This application can only be made if the country where the children are located have also signed the Hague Convention and have been recognised by Australia as reciprocating country.
The Central Authority can also only be used for children under the age of 16. The process does not guarantee the return of the children to Australia as the other parent has the ability to argue against their return for a number of reasons, including if the children are at risk of harm or if the children are disputing their return. An experienced family lawyer can assist you with providing advice about the Hague Convention and international relocation. We can also assist with ensuring safeguards are put in place to stop your former partner from leaving the Commonwealth of Australia with your children if you have fears of their abduction. In cases involving international abduction, it is extremely important that you obtain advise as soon as possible.
We provide specialist advice and representation in international child abduction matters, helping parents navigate the Hague Convention and take urgent steps to protect their children and seek their safe return.
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The Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”) is an international treaty aimed to protect children from the harmful effects of abduction and retention across international borders.
The Hague Convention provides a legal foundation and process for parents whose children have been unlawfully removed from Australia without their consent to be recovered and returned. The process involves Australian residents being able to submit an application to the Australian Central Authority in the Attorney General’s Department to recover their children. This application can only be made if the country where the children are located have also signed the Hague Convention and have been recognised by Australia as reciprocating country. The Central Authority can also only be used for children under the age of 16.
The process does not guarantee the return of the children to Australia as the other parent has the ability to argue against their return for a number of reasons, including if the children are at risk of harm, if the children dispute their return, or if the other parent alleges consent was given for the children to be removed from Australia in the first place.You can also obtain parenting orders by the Federal Circuit and Family Court of Australia in relation to the time each parent is to spend with the children. If the children are to spend time in Australia and another country, we can use the assistance of our international family lawyers to have reciprocal orders made in the other country. The Orders made in Australia may only be recognised and enforceable within Australia.
The recognition of orders made by a Court in Australia in overseas jurisdictions depend on several factors including international treaties, conventions and other domestic laws of the relevant jurisdiction. In the context of parenting disputes, Australia is a party to The Hague Convention on the Civil Aspects of International Child Abduction which has established procedures for the prompt return of children who have been wrongfully removed or retained in another country that is not their habitual residence. If other countries are a signatory to and have ratified the Hague Convention, then usually they are obliged to recognise and enforce the order.In relation to other family law matters, such as divorce and property settlement, this can be more complex and depend on the laws of the foreign jurisdiction. In most cases, countries have their own legal processes for recognising and enforcing foreign family law orders and it is important that you obtain legal advice. We have relationships with various lawyers around the world to assist you with understanding the law in a foreign jurisdiction.
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