Parental Child Abduction

International parental child abduction occurs when a parent or guardian unlawfully removes or retains a child in a country other than their own home country without the consent of the other legal caretaker or the authorisation of the courts. This often violates an international agreement, such as the Hague Convention.

If the abducting parent has taken your children overseas without consent, contact a family law solicitor immediately. The Federal Circuit and Family Court can help recover the child, especially if the country is a signatory to the Hague Convention. Local police and international agencies may also assist.

Australia handles international child abduction through the Federal Circuit and Family Court under the Family Law Act. If your child is taken to a signatory country, international agreements like the Hague Convention enable the child’s recovery with support from local authorities and legal professionals.

The process becomes more complex if your child has been taken to a non-Hague Convention country. Australia uses Bilateral Agreements with some countries, but you will need professional advice. You may need to navigate local authorities and international law to attempt the recovery of your abducted child in non-Hague countries.

Yes, our team of family lawyers at Unified Lawyers can help. If your ex-partner has unlawfully taken your child to Australia, the Federal Circuit and Family Court can assist in recovering the child. We have handled many complex cases, including international child abduction matters.

If you fear the abduction of your child, you can request a court order to restrict their travel movements. You may also seek the child’s name to be placed on the Airport Watch List to prevent them from leaving the country without the legal caretaker’s consent.

If the taking of a child occurs within Australia without consent, you may need to obtain consent orders or recovery orders from the Federal Circuit and Family Court. Local child abduction is treated as a serious matter, and local police can assist in locating the child.

Yes, parental child abduction is a criminal offence in Australia. The maximum penalty for the unlawful removal of a child can include years of imprisonment, depending on the case. The abducting parent may face a charge of parental child abduction if they take the child without proper consent.

Yes. The Family Law Act 1975 prohibits the abduction of a child by a parent or legal caretaker without consent from the child’s other parent or the courts. Parental child abduction is considered an unlawful removal of a child and can result in serious legal consequences.

Yes, a parent can face a charge of parental child abduction or kidnapping if they unlawfully remove the child from the care of the other parent. This is considered a criminal offence under Australian law and can lead to severe penalties, including imprisonment.

Section 61C of the Family Law Act 1975 grants equal shared parental responsibility to both parents unless a court orders otherwise. This section is essential in cases involving the abduction of a child, as it outlines the legal obligations of each parent regarding the child’s care and welfare.

The Family Law (Child Abduction Convention) Regulations 1986 are Australian regulations that implement the Hague Convention on the Civil Aspects of International Child Abduction into Australian law.

These regulations provide the legal framework for dealing with cases of international parental child abduction. They outline procedures for returning children unlawfully taken or retained overseas by a parent or guardian, ensuring that the Federal Circuit and Family Court of Australia can work with foreign countries to resolve these matters.

Key aspects of the regulations include:

1. Return of the Abducted Child: The regulations set out procedures to apply for the return of a child who has been abducted from their parent’s care to or from Australia, provided the country involved is a signatory to the Hague Convention.
2. Central Authority: Australia’s Attorney-General’s Department serves as the Central Authority, responsible for processing applications for the return of children and liaising with international authorities.
3. Legal Process: The Federal Circuit and Family Court handles the legal proceedings for the recovery of abducted children. The regulations ensure cases are resolved swiftly to minimise harm to the child.
4. Defences: The regulations allow certain defences, such as the defence of consent or grave risk of physical harm to the child, which may prevent the automatic return of the child.

These regulations aim to protect children from the harmful effects of abduction and to uphold parental rights across international borders.

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.