CHILD ABDUCTION

International child abduction occurs when a child is taken out of Australia by a parent (or guardian) without permission.

It can also apply to cases where foreign children are removed from their countries of origin to Australia. Child Abduction is usually done by stealth and before the other parent becomes aware of the intention to leave Australia.

The role of international agencies

International agencies work together to prevent child abduction or arrange for the return of children to Australian parents.

Many countries are signatory to the Hague Convention regarding child abduction. This is a legal treaty signed by countries in which they agree to assist one another.

When you might need to see a lawyer

• If you think the other parent is planning a trip away from Australia with your child;
• Your ex-spouse is coming from overseas and you are worried they plan to abduct your child;
• Your child is a citizen of a country which allows one parent alone to apply for the child’s passport;
• The other parent has a home, a family or other connections overseas and you are concerned that there is no reason for them to stay in Australia;
• The other parent has no substantial property or employment in Australia, and nothing keeping them in Australia;
• The other parent has already left Australia with your child;
• You are not sure if they plan to return or if you believe they will not return;
• There is a link to overseas family or property; and/or
• There is no other significant link to Australia.

If you think any of the above applies to you, you should make an urgent appointment to see one of our lawyers for further advice on your specific situation.