International Family Lawyers
Separating when a parent, a child or an asset is overseas? Our international family lawyers help with overseas relocation, Hague Convention child abduction, international divorce, overseas property and child support across borders.
If your family law matter reaches outside Australia, it needs advice that does too. Cross-border cases raise questions a domestic matter never does: which country’s court should decide, how documents are served overseas, whether an Australian order will be recognised where the other parent or the asset is, and how quickly you can act if a child is taken. We work with established overseas law firms so you get one clear strategy across every country involved.
Move forward with clarity and confidence.
When Borders and Time Zones Raise the Stakes
Getting advice early matters more in international cases than in any other. Proceedings may already have started overseas, a child may be about to travel, or assets may be moved out of reach. Delay can cost you the chance to choose the right forum, or to stop a child leaving Australia.
We can act urgently, including seeking orders within 24 hours where a child is at risk of being taken overseas, and we also act in interstate relocation disputes within Australia.
When a child may be taken overseas, hours matter. We move quickly to protect the child and keep both parents’ rights in view.
Stephanie HopeSenior Associate, Melbourne Family LawyersExperienced International Family Lawyers in Melbourne
Our Melbourne team acts for clients across Australia and overseas in:
- International relocation
- Hague Convention matters
- International divorce
- Overseas property settlements
- International child support
- Enforcing foreign orders
Questions Every Cross-Border Case Must Answer
Early in your matter we work through:
Which country's court should decide
Where you and the children live
Where the assets are held
Whether orders can be enforced overseas
Whether proceedings have started abroad
The answers decide where to file, how documents are served and which orders will actually work. Getting them right at the start can save years of duplicated proceedings.
Multi-jurisdictional experience
We have represented clients in international family law matters involving the United States, the United Kingdom, Ireland, Germany, Switzerland, Hong Kong, Canada, Denmark, France, India, Japan and New Zealand.
We also have lawyers who are fluent in Italian.
Planning Ahead for Expats and Global Families
If you are an expat, hold dual citizenship or travel often, planning ahead can prevent a dispute later. We help with:
- Binding financial agreements drafted with overseas recognition in mind
- Parenting plans with relocation clauses
- Structuring international asset arrangements
- Consent documents for travel with children
- Advice before moving overseas with a child
- Checking whether an overseas divorce is recognised
A short conversation before you move or sign anything is usually far cheaper than resolving a dispute across two countries.
If you want to relocate overseas with your child, or you oppose a proposed move, you will usually need the other parent’s written consent or a court order. The court decides relocation by asking what is in the child’s best interests, looking at schooling, routine and the child’s relationship with each parent. We prepare relocation applications and act in contested cases, including:
- Applications to relocate overseas
- Opposing a proposed relocation
- Interstate relocation within Australia
- Orders for overseas travel and holidays
Taking a child out of Australia without consent or a court order, where parenting orders are in place or proceedings are pending, can be a criminal offence.
If your child has been taken overseas without consent, or kept overseas when they should have come back, urgent action may be available under the Hague Convention on the Civil Aspects of International Child Abduction (1980). We act without delay to:
- Prepare an application for your child’s return through the Central Authority
- Seek urgent recovery orders and Family Law Watchlist orders
- Work with overseas lawyers and authorities to coordinate the process
Not every country has signed the Hague Convention, and the options are different when a child is taken to a non-convention country. Getting advice early can make a real difference.
Dividing assets across countries takes careful legal and financial coordination. We act in property settlements involving overseas real estate, foreign companies and trusts, international investments and the enforcement of financial orders across borders. Read more about international assets in family law.
Child support does not end when a parent moves overseas. Australia has child support arrangements with many countries, and we help draft, review and enforce agreements so they are more likely to be recognised where the other parent lives.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
Related International Family Law Articles
Parenting Payments and Child Support When a Parent Moves Overseas
Moving overseas does not end child support, and taking a child overseas without consent can be a criminal offence. Here is what parents need to know.
What is a Recovery Order and How to Get One Without a Parenting Order
Recovery orders are essential legal instruments in Australia designed to protect the welfare of children who have been unlawfully taken from their primary caregivers. The primary aim is to ensure
International Child Support Agreement With Australia Guide
Australia participates in several international agreements and conventions to handle international child support cases. These agreements ensure that children’s financial needs are met, regardless of their parents’ location. Need advice
Frequently Asked Questions
Which countries are signatories to the Hague Convention?
Australia and more than 100 other countries are parties to the Hague Convention on child abduction, including the United Kingdom, the United States, New Zealand and most of Europe. Not every country has signed, and the options are different if a child is taken to a non-convention country. We can advise on your best course of action.
What is the Family Law Watchlist?
A system run by the Australian Federal Police to stop children leaving Australia in breach of family law orders. If there is a risk a child will be taken overseas without consent, the court can order that the child’s name be placed on the watchlist, which alerts authorities at airports and seaports.
What is a Departure Prohibition Order?
An order made by Services Australia (Child Support) that stops a parent with a child support debt from leaving Australia until the debt is paid or a payment arrangement is in place. Leaving Australia in breach of the order is a criminal offence.
What is a Recovery Order?
A court order directing a person, usually the Australian Federal Police, to find a child and return them to the parent or carer they should be with. It is often used where a child has been taken without the other parent’s consent or in breach of existing orders.
How do I register an overseas divorce in Australia?
Usually you do not need to. An overseas divorce is generally recognised in Australia if it was valid in the country where it was granted and either party had a real connection to that country. If you are unsure whether yours is recognised, we can check it before you remarry or start a property settlement.
How long does an international divorce take?
A divorce that reaches outside Australia can take up to 5 months to finalise. The timing depends on the countries involved, how quickly each party responds and how complex the case is. Serving documents overseas or dealing with foreign assets can add time.
Can I take my child overseas without the other parent's consent?
It is risky. Where parenting orders are in place or proceedings are pending, taking a child out of Australia without written consent or a court order can be a criminal offence. If the other parent will not agree to travel, you can ask the court for permission.