VIEWS: 6 PAGES: 2 POSTED ON: 2/9/2011
Child Abduction and The Hague Convention Child Abduction - In Australia In case a child continues to be wrongfully removed within Australia, it's probable to apply to the Family Court for Recovery Order, that may authorise representatives of the Family Court of Australia, officers of the Australian National Police, and officials of the States' and Territories' Police Forces to stop and/or search automobiles, ships, aircraft, premises or locations in which there is reasonable lead to to consider the child may be found, and to take possession of the child and return the child to the party who has made the Application for the Recovery Order. It might even be possible to secure a Commonwealth Information Order, directing delegates of specific Commonwealth Departments to provide to the Family Court details pertaining to the whereabouts of the kid. Removal of the Child from Australia If there is a concern that there may be a danger of the child being wrongfully removed from Australia and there's an existing Family Court Order in respect of residence and contact of the child, it's feasible to use a PACE Alert put in place in the Federal Police. A PACE Alert enables the Australian Federal Police to prevent the departure of the child from Australia, using the child's specifics being held on an Airport Watch List in all international departure points inside Australia. If there is no current Family Court Order with regards to the child, it might be essential to file an Application and thereafter provide the Australian Federal Police with a copy of an Order that authorises a PACE Alert to be positioned on the child's name, which could be sought urgently from the Court as part of the parenting orders. If a child became wrongfully removed from Australia , the procedure for acquiring the return of the child might depend upon which nation the child has been taken to. Australia is a party for an International Treaty on child abduction, known as the Hague Convention on the Civil Aspects of International Child Abduction. If the child has been taken to a country that is a signatory to the Convention, an Application could be produced for the child's return within the conditions of the Convention. This generally occurs through the exercise of the power of the State Central Authority, which in Queensland is the Attorney General's office. However, if a child has been taken to country that's not a party to the Hague Convention, it may however be possible to possess the child returned to Australia. In most instances, a family lawyer in the overseas country may have to be employed, in order to issue legal procedures in that country for the recovery of the child. It may be possible to stop the issue of an Australian Passport for any child. Enquiries must be made to the Australian Passports Office. It may even be likely to prevent the issue of the foreign Passport for the child, by getting in touch with the affiliated Embassy in Australia. If you need to remove your children interstate or overseas then don't so with out first obtaining legal guidance regarding the implications of such intended step. Australian Family Law and Defacto Law At Hartley Healy we practice solely in the area of Family Law and Defacto Law. All of our resources and efforts are dedicated to providing expert advice and service. Therefore, our clients can feel assured that our focus is entirely on their needs and rights arising from the breakdown of their relationship.
Pages to are hidden for
"Child Abduction and Custody "Please download to view full document