Has your children been “kidnapped” or abducted or wrongfully removed from your care?
If your child has wrongfully been removed within Australia from your care, it may be possible to make an Application to the Family Law Courts for a Recovery Order. If such an order is made, it can provide that officers of the Family Court of Australia, officers of the Australian Federal Police, and officers of the States’ and Territories’ Police Forces to stop and/or search vehicles, vessels, aircraft, premises or places in which there is reasonable cause to believe the child may be found, and to take possession of the child or children and return the child or children to the party who has successfully made an Application for a Recovery Order.
If you do not know where your child or children is, a Commonwealth Information Order can be made by the Family Law Courts. The order directs delegates of particular Commonwealth Departments to provide information to the Family Law Courts regarding the whereabouts of your child or children.
International Child Abduction
Australia is a party to the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”). The Hague Convention is an international treaty under which arrangements are made for the return of children who have been wrongfully removed from, or retained outside, their country of habitual residence. Australia also has some bilateral agreements with some countries regarding abducted children.
We advise clients on the legality of situations and the process involved in retrieving children under Australian Federal law and the Hague Convention, and we liaise with the Commonwealth Central Authority.
Family Law Advice
If your child has been removed or if you think your child is at risk of being removed, you should contact us urgently for family law advice. Claire Naidu & Co, family lawyers, can be contacted for urgent family law matters outside of business hours on 0410 557 276.