International Family Law
Relocation to or from Australia
When separation involves different countries
With many families from around the world having relocated to Australia it is becoming more common place that at the time of a separation one parent seeks to return to their home country taking the child or children of the relationship with them without the consent of the other parent. At Umbrella Family Law we are experienced in representing clients who face this challenge on a regular basis.
Australia is part of the Hague Convention which means that it is possible to obtain an Order for the return of a child or children from the Courts in Australia. Such an Order would also be enforced in the country where the child has been taken if that country is also a signatory to the Hague Convention.
Common questions regarding children, separation and relocation.
Children removed from jurisdiction
If you are concerned that your child or children may be removed from the jurisdiction without your consent you should seek legal advice as soon as possible and ideally before the child or children have left the Country.
You can apply to the court for an order that prevents a passport being issued for your child by lodging a child alert request with the Australian Passport Office or applying to the court for a child alert order.
If your child or children already have a passport you can apply for an order that their passport and your former partner’s passport is delivered to the court where it will be kept safe until the court proceedings have concluded.
Threatened removal of your child
If there is a threat that your child or children may be removed from the jurisdiction the court can also make orders which prevent the removal of your child or children from Australia, request the Australian Federal Police place your child or children’s name on the Airport Watch List and that the Australian Federal Police also help in ensuring the orders are implemented.
Our team of lawyers are able to give you clear advice and have the expertise to take steps on an urgent basis both to prevent the removal of your child or children from the jurisdiction and to seek the return of your child or children should they have already been removed from Australia.