Family Lawyers for Child Abduction

Child Abduction and The Hague Convention

Child Abduction - Within Australia

In case a child has become wrongfully removed within Australia, it is possible to apply to the Family Courtroom for Recovery Order, which will may authorise officers of the Family Court of Australia, officials of the Australian Federal Law enforcement, and officials of the States' and Territories' Police Forces to stop and/or search vehicles, boats, plane, premises or areas in which there exists reasonable lead to to believe the child may be found, and to take possession of the child and return the child to the party whose made the Application for the Recovery Order.

It may even be possible to get a Commonwealth Information Order, directing delegates of particular Commonwealth Departments to supply to the Family Court information in relation to the whereabouts of the kid.

Removal of the Child from Australia

If there is a concern that there might be a threat of your child being wrongfully removed from Australia and there's an existing Family Court Order in respect of residence and contact of the child, it's feasible to use a PACE Alert put in place in the Federal Police.

A PACE Alert permits the Australian Federal Police to halt the travel of the kid from Australia, with the child's specifics being held on an Airport Watch List in all international departure points within Australia.

When there is no existing Family Court Order with regards to the child, it may be important to file an Application and thereafter provide the Australian Federal Police with a duplicate of an Order that authorises a PACE Alert to be positioned on the child's name, which could be sought quickly from the Court as part of the parenting orders.

If a child became wrongfully removed from Australia, the procedure for acquiring the return of the child may depend on which country the kid has been taken to.

Australia is a party to an International Treaty on child abduction, known as the Hague Convention on the Civil Aspects of International Child Abduction.

If the child has been taken to a country this is a signatory to the Convention, an Application may be produced for the child's return within the terms of the Convention.

This usually occurs through the exercise of the power of the State Central Authority, that in Queensland is the Attorney General's office.

However, if a child has been taken to country that's not a party to the Hague Convention, it may nonetheless be achievable to possess the child returned to Australia. In most instances, a family lawyer in the overseas country may have to be employed, in order to issue authorized proceedings in that country for the recovery of the child. It may be possible to prevent the issue of an Australian Passport for any child. Questions need to be made to the Australian Passports Office.

It may even be likely to prevent the issue of the foreign Passport for the child, by getting in touch with the affiliated Embassy in Australia. If you want to remove your children interstate or abroad then do not so with out first obtaining authorized guidance regarding the ramifications of such intended step.

Australian Family Law and Defacto Law
At Hartley Healy we practice solely in the area of Family Law and Defacto Law. All of our resources and efforts are dedicated to providing expert advice and service. Therefore, our clients can feel assured that our focus is entirely on their needs and rights arising from the breakdown of their relationship.