Do overseas parenting orders apply here?
It’s important for divorced and separated parents to know that parenting orders made overseas can be registered in Australia. However, it depends on the country in which the parenting order was made. If your parenting orders were made in a country that is part of the Hague Convention, you can apply to the Federal Circuit and Family Court of Australia to register orders here that relate to:
- Domestic violence;
- Parental responsibility;
- Parenting arrangements including with whom a child spends time and communicates with;
- Guardianship;
- Foster care;
- Issues relating to a child’s property.
The Hague Convention is a multilateral treaty in force between Australia and a number of other countries. It provides a lawful procedure for seeking the return of abducted children to their home country and it also provides help to parents to obtain contact or access to children overseas.
You can find a list of countries party to the Hague Convention here: Hague Convention on the Civil Aspects of International Child Abduction | Attorney-General’s Department
Once you’ve confirmed your parenting orders were made in a Convention country, you can send a copy of those orders to the Federal Circuit and Family Court of Australia with a request for registration. The evidence of registration of your orders will be the copy of the order sealed (i.e. stamped) by the court.
Once registered, your overseas order has the same force and effect as if it were a parenting order made in Australia.
Can I register my parenting order before arriving in Australia?
If you have orders made in a Convention country, intend to travel to Australia and want those orders to be in force in Australia, you can provide the order to the central authority in your home jurisdiction, which will then send it to the Australian Central Authority (ACA).
The ACA is part of Australia’s Attorney-General’s Department and is responsible for administering the Hague Convention.
The ACA will then arrange for the order to be issued by the Federal Circuit and Family Court of Australia as a ‘foreign-registered measure’ and the enforceability then applies.
It’s also important to remember that if you have parenting orders in place here in Australia, unless otherwise provided for, you cannot take your child overseas without the written and properly witnessed consent of the other parent.
If you’ve got questions about parenting orders, overseas travel, and ensuring you have all the correct paperwork, contact Michael Lynch Family Lawyers. Phone our office on: (07) 3221 4300 or email: [email protected] Our experts are here to help you.
