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CHILD ABDUCTION IN FAMILY LAW

WHAT IS THIS SITE ABOUT?

This site covers the topic of Parental Child Abduction and its relation to Family Law in Australia. We discuss:

If you have a family law issue, please contact a lawyer immediately. This site is not intended to replace the advice of a lawyer. Rather it simply provides some basic information for those interested in Family Law.

OVERVIEW OF PARENTAL CHILD ABDUCTION

A parent cannot take a child out of Australia without the consent of the other parent. Similarly a foreign child cannot be removed from their country of residence and relocated to Australia without full parental consent. Such situations constitute ‘child abduction’ and are covered under the Convention on the Civil Aspects of International Child Abduction (Hague Convention).

Countries that have signed the Hague Convention are under obligation to make local laws and regulations that implement the Convention’s provisions and purposes. In Australia, the Hague Convention is implemented by the Family Law (Child Abduction Convention) Regulations 1986 (Cth).

This means that if a child has been abducted from Australia to another country that has signed the Hague Convention, say the UK, then Australian and UK authorities will work together to return the child back to his or her country of ‘habitual residence’.