An estimated 2–3 children are abducted each week by a parent crossing international jurisdictions. International child abduction and international child custody cases can be complex. It is imperative that if are facing such issues that you obtain legal advice as soon as possible.
The Hague Convention on Civil Aspects of Child Abduction aims to reduce the trauma suffered by all the parties involved in these circumstances. It does this by providing the protocol for legal agencies (known as the responsible Central Agency) in each of the signatory countries to co-operate with one another to ensure the swift return of abducted children back to the country where they are normally resident. Once the child is returned, the parents can use legal avenues within that country to make arrangements for the child’s care and development.
In Australia the Responsible Central Agency is the Attorney-General’s Department. Whilst the Department can provide assistance to and act on behalf of the aggrieved parent to secure the return of the child, in certain circumstances, the aggrieved parent may also initiate action in the Family Court to enforce the Convention.
If you are in a situation where your child has been wrongly taken overseas by his/her other parent, you should seek advice immediately. The longer that a child is overseas, the more difficult it may become (both legally and practically) to secure their swift return. Call us on (02) 9521 2222.
Prevention is better than cure, and if you have concerns that the other parent may take your child overseas without your permission, be aware that there are legal avenues that you can take to prevent this from occurring. Please contact us to discuss the options that you have available to prevent or restrict the ability of either parent to take the child out of Australia in the first place.
Our family lawyers are experienced in navigating the sometimes confusing and difficult processes of the Family Court.
If you have concerns that your child may be, or if your child has already been wrongfully taken overseas, please contact us on
(02) 9521 2222. You can also
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