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BARKER EVANS

International Family Law (Relocation & Hague Convention)

International Family Law Services at Barker Evans

In today’s society, it is not uncommon for families to create a life on either side of the world. At Barker Evans, we recognise that people want the freedom to move overseas at certain points in their lives. With this freedom come disadvantages to some parents. We can assist you in providing protections against those disadvantages.

Complexities in Transnational Family Law Matters

Family law matters with a transnational dimension are often fraught with complexities such as jurisdictional issues, whether overseas orders can be enforced, and the competing interests of different legal systems.

Relocation and Child Abduction Services

Barker Evans can assist you in making an application to the Federal Circuit and Family Court seeking orders to allow you to relocate the children’s residence to another country, or help you defend an application that your ex-partner has made to move overseas with the children.

Unfortunately, sometimes a parent will abduct children from their home country and take them overseas without the other parent’s consent. If this situation occurs, the Hague Convention on the Civil Aspects of International Child Abduction may come into effect.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty in force between Australia and a number of other countries. It provides a lawful procedure for seeking the return of abducted children to their home country.

Legal Framework and Court Orders

The Regulations compel an Australian court to order the return of a child to their home country unless certain specific and exceptional circumstances exist. The best interests of the child are not the paramount consideration, and the discretion of a court to refuse to order the return of a child to their home country is very limited.

If the matter comes within the scope of the Regulations, the Central Authority must take all action required under the Convention. This usually involves them filing an Application in the Federal Circuit and Family Court of Australia (or the appropriate court in the convention country where the child is), seeking a return order.

Once the Application has been served on the Respondent, the matter should be listed for hearing within 42 days.

If the Application is made more than 1 year after the wrongful removal or retention of the child, then the Court can investigate if the child is now well settled in their new environment and has the discretion to not make a return order.

Grounds for Refusing a Return Order

There are limited grounds upon which the court can refuse to make a return order, including:

  • The left-behind parent was not actually exercising their rights of custody when the child was removed or retained.
  • The left-behind parent consented or subsequently acquiesced to the child being removed or retained.
  • There is a grave risk that the return order would expose the child to physical or psychological harm or place the child in an intolerable situation.
  • The child objects to the return.
  • The return of the child would not be permitted by the fundamental principles of Australia relating to the protection of human rights and fundamental freedoms.

Expert Guidance in International Family Law

Our lawyers are well-versed in such issues and can guide and advise you with your international family matter. Given the complexity of this area of family law, you are required to act or respond very quickly.

Our Services

If you have any concerns relating to international family law matters, we can assist you with:

  • International jurisdictional disputes
  • Registering orders in another jurisdiction
  • International child abduction and relocation matters
  • Enforceability of court orders overseas and in Australia

For expert advice and assistance on international family law, contact Barker Evans today.