Given Australia’s multicultural society it is not surprising that many Australian couples come from different nationalities or different cultural backgrounds. This can result in unique challenges if the relationship breaks down and there are children involved.

Australian family law recognises that it is in a child’s best interests to have a meaningful relationship with both parents unless there are safety issues involved. Maintaining a meaningful relationship can be difficult if one parent wishes to return to their family in their country of origin or simply to live and work in another country for an extended time.

If the parents have good communication and an amicable post-separation relationship then they may be able to negotiate mutually satisfactory arrangements. If there is conflict or a communication problem then there is a risk that one parent may make a unilateral decision to take the children overseas without the other parent’s consent. This is known as international child abduction.

Australia is a signatory to two relevant international conventions. The Hague Convention on the Civil Aspects of International Child Abduction and the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the Child Protection Convention) work together to ensure international cooperation to safeguard children who are caught up in this kind of turmoil. The Conventions can only be of assistance if the country to which the children have been taken is also a signatory. In addition to applications to have children returned to or from Australia, the Conventions also allow for contact or access applications.

In the 2014-2015 financial year, Australia received 72 applications for the return of a child in Australia to another country and made 102 applications to another country for the return of a child to Australia. Of these applications, Australia returned 36 children to their home country and 45 children came home to Australia.

If you are worried that your child may be at risk of being abducted you should seek urgent legal advice. We can assist you to obtain a court order to place your children’s names on the Family Law Watchlist, which may prevent them being removed from Australia. You should also collect recent photos of your child and the other parent, and submit a Child Alert Request to the Australian Passport Office.

If your children have already been abducted, there are process to follow through the Australian Central Authority for Hague Convention countries or the Consular Branch of the Department of Foreign Affairs and Trade for other countries. The application process is complex and it is likely that you will need legal assistance to ensure your application satisfies the requirements under the Convention and gives you the best chance of having your child returned.

If you are a separated parent who has moved to Australia with your children or whose ex-partner has moved to Australia with your children and you wish to maintain parenting orders that were made overseas, there are a few options available to you. A number of countries have reciprocal arrangements with Australia allowing you to register your parenting order so that it becomes enforceable here. If this process is not available to you, you may apply to have a “mirror order” made. This is a new order made by an Australian court in the same terms as the overseas order.

If you are a separated parent who is thinking about living overseas you may seek to have your Australian parenting orders registered with the family law courts of your destination country. This will ensure your right to continued contact with your children despite your change of location. On no account should you consider removing your children from Australia without the other parent’s consent. This is a criminal offence that may result in three years imprisonment. If you do wish to take your children to live with you overseas, you should obtain the other parent’s consent in writing or apply for a relocation order from the Family Court.

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