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Child Abduction and Custody

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					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.

				
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