Often one party to a separation may wish to move overseas.
One of the arising issues to consider during an international divorce is which country the children will call their place of residence.
The fears and complexities associated with separation of this kind may be exacerbated when one parent abducts the child from their place of residence without the consent of the other parent.
In a multicultural country such as Australia with a possibility of having multinational passports, the parents can easily travel with children.
When there is a dispute between the parents in relation to the parenting, generally the parents should not take the child out of Australia until parenting orders are made or alternatively with leave of court.
If a child is taken overseas by one parent without the consent of the other parent, the non-consenting parent will have an avenue to seek that the child be brought back to Australia.
Time is of the essence in these matters. The longer the child is kept in the new country, the harder it is to obtain a court order to have them brought back to Australia.
The best option would be that the parents keep trying to reach an agreement to voluntarily return the child back to Australia.
However, when the destination country is not one of the countries committed to the Hague Convention, the chances of bringing them back to Australia are much slimmer.
Hence it is very important to act promptly where there are risks of abduction in particular for children and parents with dual or multiple nationalities and prevent the issue in advance.
Generally, the best approach would be to commence an application in court seeking an order that the child be restrained from being removed from Australia without consent of both parents or an order of the Court.
In the event there is a reasonable threat that the children may be taken out of Australia, an application should be made to include the children on Federal Police Watch list and for this there is a requirement of a family court order that the children be restrained from being removed from Australia without consent of both parents or an order of the Court.
In order to apply to the family court for such orders, the application should provide substantial and sufficient reasons of the existing threat. The Court will not make these orders lightly.
If your child has been abducted without your consent or if you have concerns that your child will be abducted, you will be needing immediate legal advice.
If you require assistance and legal advice, our experienced solicitors at Pavuk Legal would be pleased to assist you. Feel free to contact our office to speak with one of our friendly solicitors today.
If you require assistance and legal advice, our experienced solicitors at Pavuk Legal would be pleased to provide you with extensive advice in relation to unfair dismissal matters. Feel free to contact our office to speak with one of our friendly solicitors today.
