CHILD ABDUCTION & HAGUE CONVENTION
If a parent relocates or moves overseas without the permission of the other parent or the Court, it is known as International Child Abduction. Child Abduction is a criminal offence.
Along with many other countries Australia is signatory to two important international conventions which relate to Children. The Hague Convention on the Civil Aspects of International Child Abduction and The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the Child Protection Convention).
These conventions are of assistance when Child is taken to and from Countries that are also a signatory to the conventions without the permission of the other parent. The conventions provide for applications for the return of a child or orders for contact with the child. You should be aware that any delay in acting on you concerns may impact on the outcome of any application made. We can advise you about how the law of International Child Abduction might apply in your individual circumstances. Contact us and speak to an experienced family who can advise you on the options available to you.
It is important to know that not all countries are signatory to the above conventions and that putting measures in place to reduce the risk of the child being removed from Australia may be your only option.
If you are concerned that the other parent might abduct or take your child overseas without your permission, then you should seek urgent legal advice. There are steps that you can take to inhibit the risk of abduction, which may include seeking an order for the Children to be placed on the Airport Watch List or a Child Alert Request to the Passport Office. From experience we know the benefits of raising your concerns early and seeking advice from an experience family lawyer.
Contact us to speak to an experienced family lawyer about your individual circumstances.