child arrangements Relocation and Recovery

Removal of a Child from Australia

If there is a concern about a child potentially being wrongfully removed from Australia, it is necessary to file an Application and then present the Order authorizing a PACE Alert to the Federal Police. This Alert prevents the departure of the child from Australia with the child’s details be placed on an Airport Watch list.

If a child has been wrongfully removed from Australia, the return process depends on which country the child has been taken to.

If the child has been taken to a country that is a signatory to the Hague Convention, an Application may be made for the child’s return usually through the State or Commonwealth Attorney General Central Authority.

If the child has been taken to a country that not a party to the Hague Convention it may still be possible to have the child returned to Australia, but in most cases a lawyer in the overseas country will be required to start proceedings in that country to have the child returned.

It might be prudent to prevent the issue of an Australian or foreign passport for the child. This can be achieved by contacting the Australian Passport Office or the relevant embassy.

The lawyers at Mathews Family Law & Mediation Specialists Melbourne have significant experience and expertise with regard to issues that affect children. If you are concerned about your children being removed within Australia or overseas, then you should contact us urgently. If you are considering moving your child interstate or overseas then contact us for advice about the possible consequences of such a move.

Mathews Family Law is an Australian law firm. Please contact us on +61 3 9804 7991 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.

[Case: Emily avoids being returned to the USA]