If you are concerned that your child may be wrongfully removed from Australia, you must report the matter to your local Police immediately.
Recovery Orders
Recovery orders are a legal remedy available in family law matters in Australia that enable a party to recover a child who has been wrongfully removed from Australia or wrongfully retained in another country. A recovery order can also be used to prevent a child from being removed from Australia without the consent of both parents. A recovery order is a court order made under the Family Law Act 1975 (Cth) that requires a child to be returned to a parent, guardian or other person who has parental responsibility for the child. To apply for a recovery order, a party must file an application with the Federal Circuit and Family Court of Australia.
Once an application for a recovery order has been filed, the court will consider the evidence and decide to whether to grant the order. If the court is satisfied that the child is at risk of harm, the court may issue an interim recovery order pending a final determination of the matter. If a child has been taken overseas without the consent of one or both parents, a party may apply for an international recovery order under the Hague Convention on the Civil Aspects of International Child Abduction for the return of the child to Australia.
The Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction (commonly referred to as the Hague Convention) is an international treaty that aims to protect children from the harmful effects of international parental child abduction. The Hague Convention is an international treaty that was created in 1980 to address the growing problem of international parental child abduction.
Australia is a signatory to the Hague Convention, and it plays an important role in family law matters where there are international issues. Under the Hague Convention, signatory countries are required to take steps to ensure the prompt return of children who have been wrongfully removed or retained from their primary country in breach of custody rights.
In Australia, the Hague Convention is implemented through the Family Law (Child Abduction Convention) Regulations 1986 (Cth). If a parent believes that a child has been wrongfully removed or retained from Australia in breach of custody rights, a parent or other interested party can make an application under the Hague Convention for the return of the child.
Family Law Watchlist
If you have concerns that your ex-spouse may take your child to another country without your permission, you can contact the Australian Federal Police and seek legal advice to obtain a family law court order to place your child’s name on the Family Law Watchlist (previously known as the Airport Watchlist). This system flags the child’s name and alerts the Australian Federal Police if a parent attempts to remove a child from Australia without the other parent’s knowledge or consent.
At Tajik Lawyers, our family lawyer can help you understand your legal rights and options and can assist you in obtaining the appropriate order to protect your interests.
