While it seems parental kidnappings belong more in a Hollywood movie, working to recover internationally abducted children is very much a family lawyer's reality here at Pentana Stanton Lawyers.
International Child Abduction occurs when a parent (or guardian) takes a child from their residence in Australia to another country, which is usually in breach of parental custodial orders. This often results in the Australian Federal Police becoming involved as well.
Where it can also become problematic is when attempting to retrieve your child back from the new country due to passport related issues, especially if one of the parents does not consent to signing passport or visa applications.
To combat international child abduction and to help lawfully bring abducted children home, there is an International Agreement called 'The Hague Convention' and almost all Countries are signatories to this Agreement. However, there are some notable Countries that are not bound by the Hague Convention, and this includes: Cambodia, China, Cuba, Pakistan, Thailand and others, so if your child has been taken to one of these countries, the Court may order their return.
If your child has been taken out of the country – what should you do?
- Contact your local police if you are concerned about your child's welfare and safety.
- Contact the Australian Federal Police regarding registering your child's name on the Family Law Watchlist. This list may help prevent your child from being removed from Australia if this has not occurred already.
- Urgently seek legal advice – you will need a Court Order to place your child on the Family Law Watchlist or to obtain Recovery Orders for your child. Pentana Stanton is experienced in this area of law.
- If your child has been taken to a Hague Convention Country, contact the Australia Central Authority who may be able to assist you.
- If your child has been taken to a non-Hague Convention Country, you may be able to get assistance from the Australian Consular Branch of the Department of Foreign Affairs and Trade. This service operates 24 hours a day.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.