If a child has been removed from Australia, without consent, then the procedure to obtain the return of the child depends on which country the child has gone to.

If the child has been taken to a country which is a signatory to the Hague Convention, then an application can be made through the State Central Authority to the Commonwealth Attorney General for the return of a child pursuant to the Hague Convention.

If a child has been taken to a non-Hague Convention country, then it will be necessary for a lawyer in that country to make an application to the court in that country on your behalf.

Preventative medicine

If you are concerned that there is a risk of a child being wrongfully removed from Australia, then you may apply to have a PACE Alert put in place.

If there is no current Order, you will need to file an Application and provide a copy of that Application to the Australian Federal Police.

A PACE Alert allows the Australian Federal Police to prevent the departure of the child. The child's details are held on an airport watch list at all international departure points.

Passport

It may be possible to prevent the issuing of a foreign passport for a child by contacting the relevant embassy in Australia.

If you are concerned about your children being removed either within Australia or overseas then contact your solicitor.

If you wish to move with the children within Australia or to leave Australia then first obtain legal advice about the consequences of that move.

 

Disclaimer

Please note all Family Law information contained on this site is specific to Australian and Queensland Law.  This page is not intended to constitute or to be a substitute for legal advice.  If you wish to obtain any advice specific to your case please contact one of our solicitors.

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