Divorce or separation is challenging enough but when children are involved and one parent has come from overseas and may wish to return to their homeland with the children after separation, it is often extremely difficult or impossible to resolve the conflicting interests of the parents. Ideally parents will take advice and negotiate a settlement of this delicate conflict with the assistance of skilled professionals

One pressing concern is the potential risk of international parental child abduction, where one parent takes a child out of Australia without the other parent’s consent. To address this issue, the Hague Convention on the Civil Aspects of International Child Abduction (commonly known as the Hague Convention) plays a crucial role.

Understanding the Hague Convention:

The Hague Convention is an international treaty designed to secure the prompt return of children wrongfully removed from their country of habitual residence, and to ensure that custody and access rights are respected across international borders. Australia, along with numerous other countries, is a signatory to the Hague Convention, reinforcing its commitment to preventing international parental child abduction.

Key Elements of the Hague Convention:

Habitual Residence: The Hague Convention emphasizes the concept of a child’s habitual residence, which is the country where the child has the strongest connections and where they have been living on a regular basis.

Wrongful Removal or Retention: The Hague Convention applies when a child is wrongfully removed or retained in a country that is not their habitual residence, in violation of the custody rights of the other parent.

Prompt Return: The primary objective of the Hague Convention is the swift return of the abducted child to their country of habitual residence, so that custody and access issues can be resolved through the appropriate legal channels.

Open Communication: Maintaining open and effective communication with your ex-partner can help build trust and reduce the likelihood of disputes that might lead to abduction.

Injunctions:  Prevention is always better than the cure and so if you are worried that abduction is a real possibility you can apply to the Court for an order preventing the child from being removed from Australia and have the child’s name entered on an airport watch list. Even if you agree to a parent travelling overseas with a child for a holiday, in most consent or contested Orders, built in safeguards can be incorporated to provide the maximum protection.