Parenting Orders and Child Abduction
Child Abduction and The Hague Convention
Child Abduction - Within Australia
If a child has become wrongfully removed in Australia, it is probable to make an application to the Family Courtroom for Recovery Order, which will may authorise officials of the Family Court of Australia, officers of the Australian Government Cops, and officials of the States' and Territories' Police Forces to stop and/or search cars, ships, aeroplanes, premises or areas in which there's reasonable lead to to consider the child might be found, and to take possession of the child and return the child to the party that has made the Application for the Recovery Order.
It may even be possible to secure a Commonwealth Information Order, directing delegates of certain Commonwealth Departments to provide to the Family Court information concerning the whereabouts of the child.
Removal of the Child from Australia
If there is a concern that there may be a risk of your child being wrongfully removed from Australia and there is an existing Family Court Order in respect of residence and contact of the child, it is feasible to possess a PACE Alert put in place through the Federal Police.
A PACE Alert enables the Australian Federal Police to halt the travel of the child from Australia, with the child's information being held on an Airport Watch List in all international departure points within Australia.
When there is no existing Family Court Order with regards to your child, it might be necessary to file an Application and thereafter provide the Australian Federal Police with a copy of an Order which authorises a PACE Alert to be positioned on the child's name, which may be sought urgently from the Court as part of the parenting orders.
If a child has become wrongfully removed from Australia , the procedure for obtaining the return of the child may rely upon which country the child has been taken to.
Australia is a party for an International Treaty on child abduction, acknowledged as the Hague Convention on the Civil Aspects of International Child Abduction.
If the child has been taken to a country this is a signatory to the Convention, an Application may be made for your child's return under the conditions of the Convention.
This typically 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 probable to possess the child returned to Australia. In most instances, a family lawyer in the overseas nation may have to be employed, in order to issue authorized proceedings in that country for the recovery of the child. It might be possible to stop the issue of an Australian Passport for any child. Inquiries need to be made to the Australian Passports Office.
It may even be possible to prevent the issue of the foreign Passport for any child, by contacting the affiliated Embassy in Australia. If you need to remove your children interstate or abroad then don't so with out first getting legitimate advice regarding the ramifications of such intended move.
Parenting Orders and Child Abduction
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