Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Frequently Asked Questions about International Parental Child Abduction

General Information about the Hague Convention

How to Prevent International Parental Child Abduction

What to do if your child has been abducted?

Making a Request under the Hague Convention

Other frequently asked questions

General Information about the Hague Convention

What is the Hague Convention on the Civil Aspects of International Child Abduction?

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that tries to ensure that children who are wrongfully removed or wrongfully retained by a parent, will be returned as quickly as possible to the country in which they habitually reside so that issues of parental responsibility can be resolved by the courts in that country.

The Convention assumes that the courts in the child's country of habitual residence are best able to make decisions about the best interests of the child. The Convention also allows parents to make an access application to seek assistance in obtaining contact with their child who lives overseas with the other parent.

The Convention sets up a Central Authority in each country to deal with requests for the return of children taken to or from each country.

Which Countries are parties to the Convention?

To find a list of countries that are parties to the Hague Convention on the Civil Aspects of International Child Abduction visit the Hague website.

If you are not sure if the country your child has been taken to is a party to the Convention call the Attorney-General’s Department’s International Child Abduction Enquiry Line on 1800 100 480.

What is the function of the Commonwealth and State Central Authorities?

The Family Law (Child Abduction Convention) Regulations 1986 implements the Convention in Australia and establishes that the Secretary of the Attorney-General's Department is the Commonwealth Central Authority under the Convention. The Commonwealth Central Authority coordinates incoming and outgoing requests to and from overseas Central Authorities and liaises with the relevant State or Territory Central Authority in Australia to perform Australia’s obligations under the Convention.

The Commonwealth Central Authority sends and receives requests made under the Convention for the return of a child abducted to or from Australia.

State Central Authorities or private lawyers assist parents with preparing applications for the return of a child to Australia under the Convention.

Legal proceedings for incoming applications under the Convention (where a child has been taken to Australia or retained in Australia) are conducted by the relevant State or Territory Central Authority under the instruction of the Commonwealth Central Authority. The costs of these proceedings are paid by the Commonwealth. Australia did not make a reservation as to costs under the Convention.

Individuals may also choose to make their own application to a court for the return of a child from Australia. However any expenses incurred in private proceedings are a matter for the applicant.

Applicants from the ACT, Western Australia and the Northern Territory should contact the Commonwealth Central Authority for assistance in preparing a Hague abduction or access request on the International Child Abduction Enquiry Line on 1800 100 480.

Applicants from all other states should contact their relevant State Central Authority for assistance in preparing a Convention abduction or access request.

How to Prevent International Parental Child Abduction

What systems are in place to prevent abducted my child from being taken out of Australia without my consent?

If you are concerned that your child may be removed from Australia you can take steps to prevent wrongful removal in the future:

  • Obtain a court order prohibiting the removal of the child from Australia
  • If you have a parenting order from an Australian court, or an order prohibiting the removal of your child from Australia, the police can put the child’s name on the Airport Watch List. In an emergency, the police can also act as if you have applied for such an order. Contact the Australian Federal Police in your nearest capital city.
  • If you do not have a court order, contact a lawyer, community legal centre or legal aid body for advice on obtaining an order. Visit the contact page to contact a family lawyer. All registries of the Family Court have an after hours emergency phone service. Check your local area telephone directory for the number.
  • Details of an order preventing the removal of your child from Australia must be provided to the Australian Federal Police for the child’s name to be entered on the Airport Watch List. A child’s name may only be removed from the Airport Watch List with a court order. The details of a residence or contact order entered on the Airport Watch List must be renewed every six months to remain effective in preventing the child’s departure. For more information about how to apply for a child’s name to be placed on the Airport Watch list and the information which should be included in an order visit the AFP website.
  • The Family Court of Australia website also has information that may be useful to prevent international parental child abduction, such as fact sheets on: Children and international travel after family separation and compliance with parenting orders.
  • You may be able to prevent your child from getting an Australian passport by raising a Child Alert on the passport system. Contact the Passports Office on 1312 32 or go to the Australian Passport Office website and follow the link on Child Alert.
  • You may also be able to prevent your child from getting a foreign passport for the child by contacting the relevant consular office in your State.

What should I be aware of when I am considering taking my child to another country?

  • It is an offence to take, or try to take, your child out of Australia knowing that a current parenting order gives day-to-day care to some other person, or as a way of preventing a parenting order being complied with.
  • If convicted of these offences you may be jailed, fined or the court may vary the parenting order. If you have existing parenting orders preventing the removal of the child from Australia you should apply to vary the orders before travelling overseas with your child.
  • For more information visit the Family Court of Australia website which has some useful fact sheets on: Children and international travel after family separation and compliance with parenting orders.
  • If both parents agree to the child travelling outside Australia, the parents can enter into consent orders. The form can be obtained on the Family Court of Australia’s website. The appropriate form is the ‘Application for Consent Orders’.

What to do if your child has been abducted?

Steps to take when your child has been abducted

If you fear that your child has already been wrongfully removed from Australia or retained overseas, follow these steps:

Step 1: If you do not know where your child is, report your child as missing to your local law enforcement authority.

Step 2: Contact the Australian Federal Police in your nearest capital city to request information on the airport arrival/departure details of the child.

Step 3: Determine whether the overseas country your child has been taken to is a Convention country or a country in a bilateral agreement with Australia (currently Lebanon and Egypt).

OR

Step 4: If your child has been wrongfully removed to a country that is a party to the Hague Convention or a country in a bilateral agreement with Australia you should contact the International Child Abduction Enquiry Line on 1800 100 480.

Step 5: Make a request for the return of your child from a Hague Convention Country with assistance from the Commonwealth or State Central Authorities

Step 6: You may also be eligible for financial assistance through the Overseas (Child Custody Removal) Scheme to assist with legal expenses overseas.

What to do if your child is taken to a country that is not a party to the Hague Convention on Child Abduction

If your child is taken to a country which is not a party to the Hague Convention on the Civil Aspects of International Child Abduction or a country in a bilateral agreement with Australia, then you may need to commence private legal proceedings in that country. The Department of Foreign Affairs and Trade may be able to assist in locating a lawyer:

Department of Foreign Affairs and Trade
Consular Section
CANBERRA

Telephone: 1300 555 135 (24 hour Consular Service)
Telephone: 1300 720 536
Facsimile: (02) 6261 2554
Department of Foreign Affairs and Trade Website

Australia has a bilateral agreement with Egypt. If your child has been taken to Egypt, contact the International Child Abduction Enquiry Line on 1800 100 480.

You may be able to make an application under the Overseas Custody (Child Removal) Scheme for financial assistance for legal expenses and travel to collect a child from a country that is not a party to the Hague Convention. For more information contact the Financial Assistance section on (02) 6141 4770.

When you have taken your child

Parents may take their child away for a whole range of reasons. Child abduction usually occurs under the most emotional and stressful circumstances. Further information on the legal and social services available.

Ultimately, the most important concern is the welfare of the child. In this regard, the Commonwealth Central Authority usually recommends that the child be returned to their country of habitual residence.

Once the child has been returned you may need assistance to resolve parenting issues. You may wish to see a lawyer or contact your nearest Family Relationship Centre to see what sort of services they can offer you. Information is also available on the Family Relationships website or from the Family Relationships Advice Line on 1800 050 321.

A number of sources of assistance are available to parents returning to Australia with children. Information sheets have been prepared for each state and territory.

Making a Request under the Hague Convention

How do I make a request for the return of my child to Australia?

For all general abduction or access enquiries contact the Commonwealth Central Authority by calling 1800 100 480 or email CentralAuthority@ag.gov.au.

Applicants from the ACT, Western Australia and the Northern Territory should contact the Commonwealth Central Authority for assistance in preparing a Hague abduction or access application.

Applicants from all other states should contact their relevant State Central Authority for assistance in preparing a Hague abduction or access application.

How do I make a request for the return of my child from Australia?

Step 1: Parents who wish to make a Hague request for the return of their child removed or retained in Australia should contact the Central Authority in their country for assistance.

The Hague Conference on Private International Law contains the contact details of central authorities whose countries are party to the Hague Child Abduction Convention.

Incoming requests to the Australian Central Authority should include a completed application form, an affidavit/statement setting out a brief history of the matter and including details surrounding the abduction or retention, and an affidavit/statement of law providing details of the applicant’s rights of custody under the law in their Convention Country. Requests should include a translation into English.

Step 2: After receiving a request the Australian Central Authority will assess the request and if satisfied it is in accordance with the Convention, will instruct the Central Authority in the relevant State or Territory to file the application, or in some cases, negotiate a voluntary return.

Step 3:  Once the application has been filed in the Family Court of Australia, the other party will be served with the application. Applicants are generally not required to attend the hearings. The Court will hand down its decision after the hearing. Depending on the outcome of the hearing, the appropriate return arrangements will be arranged via communication between the Australian Central Authority and the overseas Central Authority.

Step 4:  If it is deemed there are appropriate grounds for an appeal from a decision of the Family Court of Australia, then it can be appealed to the Full Court of the Family Court of Australia. Any decision made by this court could only be appealed, if there are appropriate grounds, to the High Court of Australia which is our final court of appeal.

What are the requirements for an application for the return of my child?

To ensure that your child can be returned from another Hague Convention Country the following requirements must be met:

  • Your child must be under 16 years old;
  • You must have "rights of custody" in relation to the child;
  • You must have been exercising rights of custody at the time your child was taken from Australia;
  • Your child must have been habitually resident in Australia immediately before your child was taken overseas;
  • Your child must have been taken to or retained in a country which is a party to the Hague Convention;
  • Your child must have been wrongfully removed from Australia or wrongfully retained in another Convention country without your prior consent or without a court order.

If these conditions are satisfied you may request that your child be brought back to Australia, through the government authorities.

In some cases, the person who took your child out of Australia will oppose the child being returned to Australia, and the relevant overseas court will consider their reasons for doing this.

If you want to seek the return of your child, it is important to take action as soon as you discover that the child has been taken from Australia or retained overseas. Any delay may later be seen as a lack of concern about the child being overseas or that you consented to the child being overseas.

What rights of custody arise by operation of law?

Sections 111b(4)(a) of the Family Law Act 1975 (Cth) and 69 of the Family Court Act 1994 (WA) (for Western Australian applicants) provide that both parents retain joint parental responsibility under Australian law and ‘rights of custody’ for the purposes of the Hague Convention unless parental responsibility has been expressly taken away by a court order.

On what grounds can my child’s return be objected to under the Hague Convention on the Civil Aspects of Child Abduction?

The Convention establishes a number of grounds on which the abducting parent may rely to oppose the return of your child to Australia. You may be asked to provide evidence to counter any allegations made by the parent overseas in relation to these defences.

  1. The abducting parent may oppose the return of the child for the following reasons:
  2. The child is aged 16 or over;
  3. The child has been outside Australia for over 12 months and is settled in his or her new environment;
  4. The child was not habitually resident in Australia at the time of the removal or retention;
  5. The applicant in Australia did not have rights of custody in relation to the child;
  6. The applicant in Australia was not exercising rights of custody in relation to the child at the time of the removal;
  7. The applicant gave prior consent to the permanent removal or retention of the child or subsequently acquiesced to the removal or retention of the child;
  8. The child would be exposed to a grave risk of physical harm, psychological harm or some other intolerable situation if returned to Australia;
  9. The child objects to being returned and is of an age and maturity to justify his or her views being taken into account;
  10. The child's return would be a breach of its fundamental freedoms and human rights.

Other frequently asked questions

Information for Applicant Parents making an application to an overseas jurisdiction

When we get an application for the return of a child taken overseas, we check that it meets Convention requirements, and that all the information needed has been supplied. If the application is in order, it is sent to the Central Authority of the Convention country where the child has been taken.

We work closely with the Overseas Central Authority and help get any other information needed by the foreign court.

There is also a Central Authority in each state. The State Central Authorities help the left behind parent prepare their application and keep the left behind parent informed of the progress of their application.

We talk to the State Central Authority, or in some cases with your solicitor or directly with you. If you are working with the State Central Authority or your own solicitor, please contact them first with any questions.

What we can do

  • We can provide you with basic information on how the Convention works
  • We can talk with the Overseas Central Authority, ask for updates and pass on any questions you have

What we can’t do

  • We do not provide counselling
  • We do not provide legal advice
  • We do not intervene in court proceedings
  • We do not arrange visas for returning parents or children

Support Services

There are a number of support services to help left behind parents in Australia.

Financial Assistance

As a left behind parent you can apply to the Attorney‑General’s Department for financial assistance under the Overseas Custody (Child Removal) Scheme. This is a means-tested scheme that covers the costs of engaging an overseas lawyer if legal aid is not available in the overseas country. Your travel costs may also be covered if you need to travel overseas to attend the hearing of the case or to collect your child.

The Legal Assistance Branch of the Attorney-General's Department can be contacted on (02) 6141 4770.

International Social Service

International Social Service (ISS) provides a professional casework and advocacy service to individuals and families who are experiencing problems as a result of being separated across two or more countries. ISS can be contacted toll free on 1300 657 843 during business hours, or you can access the ISS website.

Family Relationships Advice Line / Family Relationships Online

The Family Relationship Advice Line is a national telephone service established to assist families affected by relationship or separation issues. The Advice Line provides information on family relationship issues and advice on parenting arrangements after separation. It can also refer callers to local services that can provide assistance. The Family Relationship Advice Line (1800 050 321) is available from 8 am to 8 pm, Monday to Friday, and 10 am to 4 pm on Saturday (local time), except national public holidays.

Family Relationships Online provides information about family relationships and separation, and helps people find services across Australia. It also allows families to find out about a range of services that can assist them to manage relationship issues, including agreeing on appropriate arrangements for children after parents separate.

How much will a Hague request cost?

Incoming requests from Overseas (where a child is taken to Australia)

The Australian Government bears the costs of legal representation for applications for return proceedings. However, this is only the case if legal representation is arranged by the Australian Central Authority. Your costs are not paid if you arrange for a private lawyer in Australia, or overseas, to act for you. You may also have to pay for travel arrangements to return your child to their place of habitual residence if a return order is made.

Outgoing requests from Australia (where a child is removed from Australia)

The Commonwealth and State Central Authorities will assist parents prepare a Hague abduction request and there is no cost for this service.

The legal processes in other countries vary. Some convention countries will appoint a lawyer for you and they will cover this cost; and others will provide you with a list of lawyers you can contact to engage their services for your Hague proceedings. If you are required to pay for legal proceedings overseas for the return of a child or travel overseas to collect your child you can apply for financial assistance through the Overseas Custody (Child Removal) Scheme.

Contact the Commonwealth Central Authority or your relevant State or Territory Central Authority for information on the possible cost of a return request from the country your child has been removed to or retained in.

If I do not know the exact whereabouts of my child, what steps will be taken to locate him or her?

Provide as much information as you can in your Hague abduction request regarding the possible whereabouts of the abducting parent; people the child may be staying with; school or occupation information; the names the child and abducting parent may have travelled under. The Commonwealth Central Authority will use this information to make enquiries to State Central Authorities or overseas Central Authorities and other Australian government authorities to attempt to locate your child.

What financial assistance is available?

Australian parents whose children are ordinarily resident in Australia and are removed from or retained outside Australia without their consent, may apply to the Attorney‑General’s Department for financial assistance under the Overseas Custody (Child Removal) Scheme to commence legal proceedings in the overseas country for the recovery of their children.

This is a means-tested scheme that covers the costs of engaging an overseas lawyer if legal aid is not available in the overseas country. Travel costs may also be covered if you are required to travel overseas to attend the hearing of the case or to collect your child. For more information on how to apply call Financial Assistance on (02) 6141 4770.

Other forms

Form 2

Application initiating proceedings (subregulations 14(1) and (2))

This form is used when commencing or initiating legal proceedings for the return of a child. It is used by the State Central Authority when it applies to the court for an order for the return of a child wrongfully removed to or retained in Australia.

Form 2A

Answer/*and Cross Application (subregulation 14(3))

This form is used by the respondent (the taking parent in Australia) or his/her lawyer to respond to the State Central Authority’s application to initiate proceedings for the return of a child.

A self-represented litigant in Australia opposing an application by the State Central Authority for the return of a child to a country overseas should use this form.

Form 2B

Reply to Answer/*and Cross Application (subregulation 14(3))

This form is used by the State Central Authority when it responds to the documents filed by the respondent (the taking parent in Australia) under Form 2A opposing the return of the child.

Form 2C

Warrant for the Apprehension or Detention of a Child (subregulations 14(4) and 25(9))

This form is used by the State Central Authority when it needs a warrant to take the child into police custody.