If your child has been abducted to, or held in a Hague Convention member country, your proceedings should be brought under the Family Law (Child Abduction Convention) Regulations 1986. A list of the Hague Convention signatory countries is available [here]. You will need to file an Application for the Return of a Child and supporting documents with the Central Authority who will then initiate proceedings in the court of the foreign country where your child is located.
There are some key requirements for your application to meet the terms of the Convention, including:
If you have brought your child to Australia from overseas without the other parent’s permission, it is possible that the other parent may make an application for the children’s return under the Hague Convention. If you are concerned about this possibility, you should seek legal advice in relation to your options.
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Phone: (08) 6381 9080
We are open Monday to Friday 8.30am – 5.00pm
Level 26, AMP Tower
140 St Georges Terrace
PERTH WA 6000
Our Directors, Denby Kerr and Amy Fels, are Accredited Family Law Specialists, formally recognised by the Law Society of Western Australia as having a high level of competency in the field of family law.