Child Abduction and Hague Convention.
International child abduction cases involving Hague Convention proceedings are technical in nature and require specialised legal expertise.
Sayer Jones have successfully acted both for parents who have sought to recover a child who has been wrongfully removed from Australia, and for parents who have sought to have their child remain in their care in Australia after travelling from another country.
In cases involving international child abduction:
The relevant international treaty is the Hague Convention on Civil Aspects of International Child Abduction, also known as the “1980 Hague Convention” or the “Child Abduction Convention”;
If a child has been wrongfully removed, abducted or otherwise retained by a parent overseas in a country which is signatory to the Hague Convention, recourse is available via the Hague Convention to seek the return the child to their country of habitual residence;
If a child has been abducted to a country which is not a party to the Hague Convention, alternative options must be considered. If necessary, Sayer Jones can leverage its connections with international firms in order to commence proceedings in other jurisdictions, and review options available under other treaties or conventions;
In the event a child has not yet been removed from Australia, but there is a risk this may occur, applications can be made for urgent Family Law Airport Watchlist Orders to prevent this;
In cases of child abduction within Australia:
Sayer Jones can assist in making an application to the Court seeking orders for the recovery of the child, including directions to organisations such as the Australian Federal Police to find, recover and deliver the child to the parent from whom they were removed, or location orders directing authorities to provide information about the location of the missing parent;
The Court can also make injunctive orders prohibiting a parent from again removing or taking the child into their care.