Article by Eales & Mackenzie
Eales & Mackenzie has prepared the following guidelines to assist you in making a successful application for the return of a child abducted to Australia under the Hague Convention. This information is equally applicable to circumstances where children have been abducted from Australia.
We have maintained a professional interest in this specialist area of Family Law over many years.
Guidelines for a sucessful application
The child must be under 16 years of age.
The person seeking the return of the child must have rights of custody within the meaning of the Convention in the relevant home country.
The child must have been habitually resident in the Convention country immediately prior to the alleged wrongful removal or retention.
The Applicant under the Convention must not have consented to the removal or retention of the child.
The Applicant should have funds or access to funds, or can make other arrangements for the child’s return airfares and travel arrangements. Generally speaking, the Australian Central Authority will not pay these costs.
Fill in the Application forms carefully, providing any additional information to assist in the identification and location of the child, including photographs of the abducting parent and the child if possible.
If possible, send with the Application form an Affidavit sworn by the Applicant setting out the facts, including the circumstances of the alleged wrongful retention or removal, together with an Affidavit from a suitably qualified person setting out the relevant Law in the Convention country, or provide copies of the relevant Law.
If you require any assistance in Australia with making these Applications, or obtaining further information about what steps are involved, you can contact us at Eales & Mackenzie