International Family Lawyers
Family law in itself is already a complex matter, but international family law cases are even more delicate and sensitive.
It is not to be taken lightly, and that’s why you need local experts with a global perspective to back you up in these situations.
Good thing, our local team of Melbourne-based lawyers is well-equipped with knowledge and experience to help you cross the other side with confidence and security.
With the help of our strong affiliations with international law firms, we can provide you with the best legal advice and representation in any jurisdiction.
Services
- International Relocation: If you’re moving your family outside of Australia, you need a team to walk you through the process of international relocation, especially if you also require parenting orders.
- International Child Abduction: When it comes to international child abduction, you need immediate action. Our expertise in Hague Convention cases will act with assertion and urgency to reunite you with your child right away.
- International Divorce: We’ll speed up the process by making sure that the exchange of documents across borders goes smoothly. We’ll handle the legal maze for you, so you can move on with fewer complications.
- International Child Support Agreement with Australia: We specialise in crafting international child support agreements that are enforceable in Australia. Your child’s well-being is our priority, no matter where you are.
- Overseas Property Settlement: Dividing assets across countries? Our team excels in overseas property settlements, ensuring you get a fair share without the international headache.
Why Choose Us As Your International Family Lawyers
Melbourne Family Lawyers have successfully represented clients in the Family Court of Australia at Melbourne in cases involving overseas relocation to/from countries including the United States of America, United Kingdom, Ireland, Germany, Switzerland, Hong Kong, Canada, Denmark, France, India, Japan and New Zealand.
One of our Senior Consultant Lawyers, Alison Loach, holds a New Zealand Lawyer Practicing Certificate, enabling her to advise regarding New Zealand Family Law and witness and certify New Zealand legal documentation, including Relationship Property Agreements.
Auditore Pty Ltd, trading as Melbourne Family Lawyers, has dealt with International Family Law cases since 1985. Melbourne Family Lawyers regularly act for Overseas Clients seeking Legal Advice and Court Representation in International Family Law Cases.
In addition to our legal expertise, we pride ourselves on our multicultural team.
We have lawyers fluent in Mandarin and Italian, ensuring seamless communication and a more personalised experience for our diverse client base.
Should You Get a Prenup in Australia Here’s What You Need to Know
What You Need to Know About International Family Law Australia
The Family Court of Australia has jurisdiction over all marriage-related cases in all states and territories of Australia, except Western Australia, which has its own family court.
The Family Court’s jurisdiction covers applications for divorce, property settlement, maintenance, child support, parenting, and living arrangements concerning children.
As long as there is some real connection to Australia, the Family Court will usually exercise its jurisdiction if called upon to do so.
Adults generally have the right to freedom of movement. They can choose to live in whichever country they choose, subject to Visa and immigration requirements.
When parents separate and go their separate ways, it will be a problem if a parent wishes to take a child with them to another country without the formal consent of the other parent.
Even taking a child out of Australia temporarily for a holiday will be problematic if the other parent does not consent.
The Family Law Act makes it illegal for a parent to take a child outside Australia without a court order or the formal consent of the other parent.
If there is a dispute between parents about international travel and/or international relocation, it must be determined by the Family Court of Australia.
These court cases can be very complex and emotionally charged, and having the best legal representation is important to maximise your chances of success.
The basic principles to be applied by a judge in deciding child relocation cases are:
- The Court must always focus on what is in the best interests of the child as the paramount consideration;
- The best interests of the child are to be assessed while taking into account the legitimate interests of both of the parents;
- If a parent seeks to change arrangements affecting where the child lives or time spent with a parent, that parent must demonstrate that the proposed new arrangement is in the child’s best interests.
In the event of child abduction, you should obtain immediate specialist legal advice.
Usually, an international family lawyer would file an application in the Family Court seeking the child’s return.
The Court has vast powers to locate and return the child.
If a child has been taken and their whereabouts are unknown, the Court can order individuals and government departments to search their records and give the Court any details about the child’s location.
If you believe a child is under threat of being illegally taken out of Australia, take immediate action.
Once a child is out of the Australian jurisdiction, they become subject to the laws of other countries or subject to international conventions.
It depends on the country where the child is taken and whether the Hague Convention on International Child Abduction applies.
In certain circumstances, urgent injunctions to restrain departure from airports and other departure points may be obtained from the Family Court.
Also, be aware that the Family Court has an after-hours emergency phone service, which can be used if you become aware of an imminent illegal departure.
An injunction must be obtained before the Family Court reopening on the next business day.
It is possible to apply for a divorce in Australia, even if you and/or your spouse are not currently living in Australia.
You can apply for a divorce in Australia if either you or your spouse regard Australia as your home and intend to live in Australia indefinitely or are an Australian citizen by birth, descent, or by a grant of Australian citizenship, or ordinarily, live in Australia and have done so for 12 months immediately before filing for divorce.
An International Child Support Agreement with Australia refers to a legally binding arrangement between parents residing in different countries, one of which is Australia.
This agreement outlines each parent’s financial responsibilities for the child’s upbringing, including monthly payments, healthcare, and educational expenses.
Given the international scope, these agreements often involve navigating complex legal frameworks and treaties to ensure enforceability across borders.
The aim is to ensure that the child’s financial needs are met, regardless of where each parent lives.
The Family Court of Australia has the power to make decisions about any property owned by the parties to the marriage (or de facto relationship), including any property held outside Australia.
The Family Law Act provides that parties may commence court proceedings for property settlement in the relevant Australian Family Law Court if either party to the marriage is, at the time of institution of proceedings:
- An Australian citizen; or
- Ordinarily resident in Australia; or
- Present in Australia
Once jurisdiction is established by the above, the next question to be determined is whether the Australian Court should exercise jurisdiction.
A court may decline to exercise jurisdiction in circumstances where an Australian Family Law Court is clearly an inappropriate forum for the subject matter of the proceedings.
For example, suppose both parties live outside Australia in Ireland, and the only property of the parties consists of real estate in Ireland. In that case, an Australian Court would decline to exercise jurisdiction as the Irish Court is the most appropriate to deal with the matter.
Our Family Lawyers
Our lawyers have vast experience in Family Law. Whether your case involves a 50 million dollar business or a suburban house, a relocation with children to Preston or Paris, or a Divorce Application in Melbourne or Mumbai, rest assured that we know how to deal with it in the best possible way and obtain the best possible result for you.
How an International Family Lawyer Can Help You Navigate Complex Cross-Border Issues
Family law cases, such as overseas divorce, child custody disputes, property settlements, or relocation, are a rabbit hole that’s easy-to-get lost in.
You need to make sure that you comply with not just local legal requirements, but with two or more legal systems. This unfamiliar situation can not only cause confusion but also emotional challenges.
To make sure everything checks out, you need professionals who can coordinate legally with other countries.
Seeking help from our team is exactly what you need because we are more than prepared to help you out.
We have worked with family law get through these tough situations in countries across Europe, Asia, North America, and New Zealand. And we have one goal and one goal alone—secure your family’s future.
Why Jurisdiction Matters in International Family Law
A big caveat in international family law is working out which country should hear your matter in the first place. This is called jurisdiction, and in cross-border cases, it can get complicated fast.
If you were married overseas, hold assets in another country, or your child is living (or has been taken) across borders, more than one legal system may have a claim to deal with the dispute. That’s why getting the right guidance early matters.
With the support of an international family lawyer, you can understand whether the Australian Family Court is the best place to start, or whether it’s more practical (or necessary) for proceedings to be handled elsewhere. Making the right call from the outset can help you avoid delays, cut down the stress, and put you in a stronger position for a fair outcome.
And if you and the other party are in different countries, jurisdiction can quickly turn into a dispute of its own. In that situation, an experienced international family lawyer can prepare the right applications, coordinate with overseas legal professionals, and help ensure your rights and your child’s best interests are protected, no matter where the case ultimately runs.
Planning Ahead: International Family Law for Expats and Global Families
If you’re an expat, you travel often, or you have dual citizenship, you might not be dealing with a dispute right now, but it’s still smart to plan ahead. International family law can get messy quickly once life changes across borders.
Our Melbourne-based international family lawyers can help you put practical agreements in place that are recognised in more than one country, including binding financial agreements, parenting plans, and relocation clauses.
For example, if you’re moving overseas with your child, you’ll usually need the other parent’s consent or a court order. Without it, even short-term travel can trigger serious legal issues.
Preparing these documents early, with guidance from a team that understands cross-border requirements, can help you avoid unexpected complications later.
Ready to Speak with an International Family Lawyer?
If you’re facing an international family law issue — or just want to understand your rights before things become complicated — don’t wait.
Reach out and speak with our experienced team. We’ll gladly explain your options in plain words and protect your interests across countries.
Book a consultation and have some peace of mind knowing that a dedicated international family lawyer from Melbourne is supporting you—giving you practical legal advice, especially tailored to your family.
Get in Touch Today
It can be hard and stressful to deal with International Family issues, but you don’t have to do it alone. Melbourne Family Lawyers are here to help you and show you the way at every turn.
With clear, trustworthy advice, our best International Family Lawyers in Melbourne can help you make the best choices for your child and your future.
Call us today to set up a meeting and talk about how we can help.
Phone: +613 9670 9677
Email: [email protected]
Frequently Asked Questions
What are the Hague Convention Countries
These are countries that have agreed to be bound by a convention dealing with international child abduction.
The main aim of the Hague Convention is to facilitate the prompt return of children wrongly removed to another convention country.
Australia is a convention country, but not all countries are.
If a child is taken from Australia to another convention country, there are procedures between Governments under the Hague Convention whereby the child may be returned to Australia.
What is a Family Law Watchlist?
The Family Law Watchlist is a system operated by the Australian Federal Police (AFP) to monitor children’s movements subject to family law orders.
If a court believes there’s a risk of a child being taken out of Australia without proper consent, it can request that the child’s name be placed on this watchlist.
This prevents the child from leaving the country without court approval.
What are Departure Prohibition Orders?
A Departure Prohibition Order (DPO) is a legal order that prevents an individual from leaving Australia, usually due to unpaid debts like child support.
The order remains in effect until the debt is paid or arrangements are made to manage it.
Violating a DPO can result in severe penalties, including imprisonment.
What is a Recovery Order?
A Recovery Order is a court order that authorizes or directs a person, usually the Australian Federal Police, to find and return a child to a person who has legal custody or parental responsibility.
This is often used in cases where a parent has taken away a child without consent from the other parent or against existing family law orders.
How to Register an Overseas Divorce?
In Australia, an overseas divorce can generally be recognised if it is valid in the country where it was granted and if either party has a sufficient connection to that country.
How Long Does an International Divorce Take?
The duration of an international divorce can take around 5 months, but can vary widely depending on the complexity of the case, the countries involved, and the responsiveness of both parties.
International cases may take longer due to additional legal requirements, such as serving documents overseas or dealing with foreign assets.
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