Partners in Family Law have extensive experience with overseas family law issues, including situations where a parent has taken a child to another country.
- We work with lawyers overseas in order to obtain the best possible outcome.
- We assess the best country for you and your partner to resolve any issues about child custody, property or spousal maintenance .
These matters are often urgent and each decision and action taken is crucial.
We often obtain, or have removed, Airport Watch List Orders to prevent children leaving Australia, regardless of whether they have Australian or international passports or travel documentation.
Partners in Family Law can assist by:
- Providing urgent advice about overseas child abduction issues;
- Obtaining urgent court orders preventing unauthorised overseas travel or urgent orders compelling the return of the child to their home country;
- Determining whether or not The Hague Convention (which governs international child abductions) applies to a particular country and advising you your legal options under The Hague Convention or otherwise;
The Hague Convention is formally known as the convention on the Civil Aspects of International Child Abduction.
- The convention sets out the rights or parents whose children have been illegally abducted overseas.
- However, the convention does not apply in every country and is only applicable if the country is question have agreed to ratify and comply with it.
- When a country has ratified The Hague Convention, then that country must take active steps to arrange the return of children to their country of residence if the children were wrongfully taken to that country.
- Any parenting disputes are then determined by the Courts in the country of usual residence.
- However, if a child is taken to a country that has not ratified the Convention then there is no obligation on the country to return children to Australia.
If you are or will be separating from your partner, then you should obtain advice before agreeing to your child/ren undertaking any international travel. If you have any concerns that your child is at risk, act with urgency. We have successfully assisted high profile cases of alleged child abduction, and secured successful outcomes in Australian and overseas, even when parties have obtained our advice after the alleged abduction and even when there is no legal jurisdiction in Australia, however we can achieve the best outcome, if we are consulted prior to travel and/or prior to parties taking matters into their own hands in foreign countries. Alleged child abduction cases require careful, discreet and prompt legal and diplomatic attention.