Children abducted outside of Australia

Parents are generally not permitted to relocate their children outside of Australia without the consent of the other parent or an order of the Court.  In some circumstances, it is an offence punishable by up to 3 years imprisonment to take or send a child outside of Australia without the other parent’s consent or a Court order.

When a child is wrongfully removed to, or retained in, a country outside of Australia, there are measures which can be taken to secure the return of the child to Australia.

Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (the Child Abduction Convention).  In cases of international child abduction to another Convention country, the Child Abduction Convention may be invoked to secure the return of the child to Australia through legal processes involving the government authorities and Courts of both countries.  In very limited circumstances, there may be an arguable defence as to why the child ought not be returned to Australia.

The Convention is generally implemented for the parent left behind in Australia by the State Central Authority on behalf of the Commonwealth Attorney General’s Department.  We are often engaged to assist with initial advice and to work with the State Central Authority as required.  

The Child Abduction Convention may also be used to facilitate mediation and/or to arrange contact between the child and parent left behind pending determination of the dispute.

It is certainly more challenging when children are abducted to non-Convention countries, in which case the Child Abduction Convention processes are not available.  In that case, we connect our clients with expert family lawyers in the non-Convention country to assist them to locate their children and explore options for legal proceedings in that country.

If you have concerns that your child could be abducted overseas by the other parent, it is crucial that you take protective action.  Depending upon the circumstances, it may be appropriate to contact Victoria Police and/or the Australian Federal Police, and/or to make an urgent Court application seeking that your child be placed on the Family Law Watch List (Airport Watch List), your child’s passports be secured and/or other injunctive relief.  

Please visit our Resources page for a list of relevant contacts (including emergency contacts).

Children Abducted to Australia

Children brought to Australia by their parents from Convention countries may be the subject of applications by the authorities of those Convention countries seeking the return of the children under the Child Abduction Convention.

Our team of international family lawyers have extensive experience advising parents about the operation of the Child Abduction Convention in Australia, and representing parents who wish to defend return applications brought against them in the Australian Courts.