A One Stop Shop for Family Law in Australia
If a parent (or guardian) takes a child from their home in Australia to another country without the permission of either a Court or the other parent (or guardian) it is International Child Abduction.
If your child is abducted and taken to a country outside Australia, then how difficult it may be to recover your child back to Australia, will depend on whether the country they are in is a signatory to the Hague Convention.
The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement between some countries that covers international parental child abduction.
In our separate fact sheet you can see a list of countries that are Hague Convention Countries. This list is updated from time to time by the Commonwealth Attorney General’s Department.
Australia is a signatory to the International Treaty on Child Abduction, known as the Hague Convention.
More than 70 other countries are also signatories to the Hague Convention.
The Hague Convention makes it easier to recover a child from a country which is a signatory to the Hague Convention than if the child is taken to a non Hague Convention country.
When a child has been either:
then the Hague Convention enables a parent to make an application to have their child returned to Australia.
You can only do this if the country your child is in is a Hague Convention Country.
This usually occurs through the exercise of the power of the State Central Authority, which in Australia, is the Commonwealth Attorney General.
The State Central Authority of the country in which the child is in, makes an application in a local court for the return of a child to Australia. The application must be made under the terms of the Hague Convention. It is important that you obtain legal advice to properly prepare your Application.
A child who has been wrongfully removed from Australia (or kept overseas for longer than agreed in) a Hague Convention Country will usually be returned if you can prove to the court:
The other parent or guardian who has removed your child from Australia may be able to keep your child in the Hague Convention Country if they can prove to the Court:
The Hague Convention also provides a procedure through which the left-behind parent (parent in Australia) can seek to have their child returned to their home country of Australia.
The Hague Convention also deals with international child access. When a parent or guardian lives overseas, it may be really difficult for that parent to spend time or communicate with their child.
This access could be either the parent or the child travelling to allow them to visit each other, or the access could include telephone calls, Skype, email or other long-distance forms of contact.
The Hague Convention provides a procedure through which a parent can seek to have court orders made in the child's home country allowing them to have access with their child.
Click here to access the Hague Convention Child Abduction Section and to read more about International Child Abduction.
Other Questions answered in the International Child Abduction Section
You might also be interested in the following sections of our website
(access by clicking below or from the left side Navigation Menu)
You may republish our Fact Sheets in your website, newsletter, or book, on the condition that you agree to leave the article, author’s signature, and all links completely intact as well as make reference to the fact it is provided courtesy of:
"I don't want to
I need to know
where I stand."
"I can't afford
legal costs. I
need help to
do as much as
I can myself."