Child Abduction

Publish Date 03 September 2004

In the event of child abduction, you should obtain immediate specialist legal advice. Usually, a family lawyer would file an application in the Family Court seeking the return of the child. The Court has wide powers to locate and return the child. If a child has been taken and his/her whereabouts are unknown, the Court has the power to order individuals and government departments to search their records and give the Court any details that they have as to the location of the child.

Abduction of children from Australia

If you believe a child is under threat of being illegally taken out of Australia, take immediate action. Once a child is out of the Australian jurisdiction, they become subject to the laws of other countries or subject to international conventions. It depends on the country to which the child is taken as to whether the Hague Convention on International Child Abduction applies. In certain circumstances, urgent injunctions to restrain departure from Airports and other departure points may be obtained from the Family Court. Also, be aware that the Family Court has an after-hours emergency phone service which can be used in the event that you become aware of an imminent illegal departure and an Injunction needs to be obtained prior to the Family Court re-opening on the next business day.

Hague Convention countries

These are countries that have agreed to be bound by a convention dealing with international child abduction. The main aim of the Hague Convention is to facilitate the prompt return of children wrongly removed to another convention country. Australia is a convention country but not all countries are. If a child is taken from Australia to another convention country there are procedures in place between Governments under the convention whereby the child may be returned to Australia. Your Family Lawyer will be able to tell you which countries are signatories to the Hague Convention.

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