Abduction risk increases as borders re-open
Borders are re-opening both within Australia and around the world, and many families are looking forward to being reunited. However, as borders open up, there’s also a risk of an increase in international child abduction cases. So what can be done?
International Parental Child Abduction (IPCA) happens where one parent takes a child, or children, overseas without the permission of the other parent, or without a court order that allows them to do so.
There are a number of matters that a specialist family lawyer will consider in ensuring appropriate safeguards are in place for the child’s return.
The primary consideration is whether the country involved is a member of The Hague Convention on International Child Abduction.
If a child is taken overseas and is not returned, then swift action should be taken under The Hague Convention. Legal applications to The Hague Convention are technical and complicated.
More than 80 countries are part of The Hague Convention, including Australia.
Under the rules of the Convention, if a child has been wrongfully abducted, they will be returned to their “habitual residence” so any disagreements can be dealt within the courts of that country.
However, if a child is taken to a country that is not part of the Convention, there is no international mechanism available for the child’s return and very few legal options exist for parents.
Legal experts have predicted that as the world opens up post-COVID, there will be an increase of international parental child abduction, as the global movement of people increases, and as immigration increases.
There may be cases where people have been overseas for some time with permission, but will now be expected to return.
Overseas court closures and travel restrictions have further complicated an already complex area of law, which can include issues regarding immigration and family violence.
For Australian parents, it’s important to remember that the Family Law Act has no power outside this country.
The courts can stop a spouse from leaving Australia to help resolve a dispute, but it’s not a power the court will exercise lightly, and in many cases, parents take matters into their own hands and leave the country before court orders can be made.
If you are concerned about a child being taken out of the country, or if you think property is being transferred out of the country without your permission, you must get urgent specialist family law advice. For more information about how children can be urgently stopped from leaving the country, see our article ‘What is the Family Law Watchlist?’
Call Michael Lynch Family Law on (07) 3221 4300 or email: [email protected] and make an appointment with our family law experts.
