Hague Convention

Determining parenting arrangements for your child after separation is a difficult and emotional process. This can become more complicated if a parent removes the child from the Commonwealth of Australia without the consent of the other parent. Australia has put in place legal safeguards to assist with the recovery of children.

The Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”) is an international treaty aimed to protect children from the harmful effects of abduction and retention across international borders. 

The Hague Convention provides a legal foundation and process for parents whose children have been unlawfully removed from Australia without their consent to be recovered and returned. The process involves Australian residents being able to submit an application to the Australian Central Authority in the Attorney General’s Department to recover their children. 

This application can only be made if the country where the children are located have also signed the Hague Convention and have been recognised by Australia as reciprocating country.

The Central Authority can also only be used for children under the age of 16. The process does not guarantee the return of the children to Australia as the other parent has the ability to argue against their return for a number of reasons, including if the children are at risk of harm or if the children are disputing their return. An experienced family lawyer can assist you with providing advice about the Hague Convention and international relocation. We can also assist with ensuring safeguards are put in place to stop your former partner from leaving the Commonwealth of Australia with your children if you have fears of their abduction. In cases involving international abduction, it is extremely important that you obtain advise as soon as possible.