Need legal advice about child abduction?
We are able to assist you in navigating the legal process to recover a child should they have been wrongfully removed from their State or Country of residence.
Such legal process may consist of seeking Recovery Orders from the Federal Circuit Court of Australia or Family Court of Australia or lodging an Application with the Central Authority pursuant to the Hague Convention on the civil aspects of international child abduction.
In circumstances where a child has been wrongfully removed from Australia, that is without the consent of the other parent, or a child from overseas has been wrongfully retained in Australia, we can provide advice regarding a parent’s rights and obligations pursuant to the Family Law (Child Abduction Convention) Regulations 1986, whether a parent is the parent with whom the child is living or the parent who is seeking the return of the child.
We can assist in helping you understand parental child abduction laws
If your former spouse has taken your child out of Australia without your consent, you should call our Gold Coast or Logan office. You will be able to discuss your situation with one of our friendly and knowledgeable team of lawyers during a free 15-minute telephone consultation. In this confidential session, the lawyer will take the time to understand your situation and advise you on your rights and your best next course of action. We are also able to assist in seeking Orders from the Court preventing a Child from being removed from the Country should such concerns be held.
1. What Is Child Abduction?
Child abduction refers to the unlawful taking or retention of a child under the age of 18 from their parents, guardian, or other lawful custodians. It can occur within Australia or internationally. Child abduction is a serious offense and can have severe emotional and psychological consequences for the child and their family.
2. How Common Is Child Abduction in Australia?
Child abduction is relatively rare in Australia, with around one to two hundred cases reported annually. However, it can have severe and long-lasting consequences for the child and their family. Parents and guardians must take appropriate safety measures to prevent child abduction and be aware of the legal and practical steps to take if their child is abducted.
3. How Many Child Abduction Incidents Occur in Australia Yearly?
Australia has approximately one to two hundred reported child abduction cases annually, including domestic and international abductions. But it is important to note that not all cases may be reported to the authorities, and the number of child abduction incidents may be higher. Parents and guardians should take various measures to prevent child abduction incidents.
4. How Can I Prevent Child Abduction?
Preventing child abduction in Australia involves taking specific safety measures. Parents and guardians should teach their children about strange dangers and provide practical strategies for staying safe, such as avoiding isolated areas and not accepting gifts or rides from strangers. They should also ensure that their children are always supervised and have a trusted adult to turn to if they feel unsafe. Other measures may include installing security systems and keeping personal information private.
5. What Is a Child Support Lawyer?
A child support lawyer is a legal professional who specialises in handling cases related to child support. They provide legal advice and representation to clients seeking to establish, modify, or enforce child support obligations. They may also assist with issues related to custody and visitation and help clients navigate the complex legal and financial aspects of child support cases.
6. Why Would I Need a Child Support Lawyer?
You may need a child support lawyer if you are involved in a dispute over child support with your child’s other parents. They can help you navigate the legal process and protect your child’s best interests. A child custody lawyer can also assist with enforcing or modifying existing child support orders and help you understand your legal rights and obligations related to child support.
7. What Are the Responsibilities of a Child Support Lawyer?
The responsibilities of a child custody lawyer may include the following:
- Providing legal advice and representation to clients in child support cases
- Drafting legal documents such as petitions and motions
- Negotiating settlements with the other party
- Representing clients in court hearings and mediation sessions
- Ensuring that child support orders are enforced
They may also help clients understand their legal rights and obligations related to child support and assist with issues related to custody and visitation.
8. What Factors Are Considered When Determining Child Support Payments?
In Australia, child support payments are determined based on several factors, including each parent’s income, the number and ages of the children, and the costs of caring for the children. Other factors may include parenting arrangements, the child’s special needs, and relevant child support agreements. The Child Support Agency uses a formula to calculate child support payments, considering these factors.
9. What Factors Are Considered When Determining Child Custody?
When determining child custody, the court considers the child’s best interests as the primary factor. This includes factors such as the child’s emotional and physical needs, their relationship with each parent, their education and upbringing, and any special needs they may have. The court may also consider the ability of each parent to provide for the child’s needs and any evidence of family violence or other factors that may impact the child’s safety and well-being.
10. How Much Does It Cost to Hire a Child Custody Lawyer?
The cost of hiring a child custody lawyer in Australia can vary depending on several factors, such as the case’s complexity, the lawyer’s experience and reputation, and the law firm’s location. Hourly rates can range from around $200 to $600 or more, and total costs may vary from a few thousand to tens of thousands of dollars, depending on the case’s specifics. Call Advance Family Law on (07) 5679 8016 today.
