Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that governs certain aspects of international child abduction these issues are commonly/generally dealt with by a Child Abduction lawyer. It is chiefly concerned with returning children to their home jurisdiction. Once that occurs, a domestic court may determine the parenting arrangements that ought to be made for the child.

A person with “rights of custody” in relation to a child has may apply to the relevant Central Authority in Australia where the child has been wrongfully removed to, or retained in, another Hague Convention Country. A child is wrongfully removed from, or retained in, Australia if:

• The child is has not attained the age of 16 years;
• The child “habitually resided” in a Hague Convention Country before their removal from, or retention in, Australia;
• The person seeking to return he child has “rights of custody” under the law of the relevant Hague Convention country; and
• The removal or retention breached those rights.

An application must be filed within 1 year from the child after the day that the child was either removed or retained.

There are, however, circumstances where the child’s return may be refused:

• The applicant was not “exercising rights of custody” at the time of the wrongful retention or removal;
• The applicant either consented or acquiesced to the child’s removal or retention;
• There is a grave risk of either physical or psychological harm to the child;
• The child objects to their return;
• Returning the child is not permitted with the protection of human rights and fundamental freedoms; or
• The child is settled in their new environment.