International Family Lawyers
Family law in itself is already a complex matter, but international family law cases are even more delicate and sensitive.
Strategic International Family Law Advice Across Borders
International family law matters require precision, urgency and a deep understanding of multiple legal systems.
When more than one country is involved, early legal advice is critical.
Experienced International Family Lawyers in Australia
International family law cases are often more complex than domestic matters. They may involve:
Competing jurisdictions
Overseas assets
Cross border parenting disputes
International relocation
Hague Convention proceedings
Enforcement of foreign orders
Our Melbourne based team regularly acts for clients across Australia and overseas, coordinating with trusted international law firms where required to ensure consistent and strategic representation.
Why Jurisdiction Matters
In international family law matters, one of the first and most important questions is which country has jurisdiction.
Where parties were married overseas, hold assets internationally or where a child resides across borders, more than one legal system may be involved.
Choosing the correct jurisdiction at the outset can:
- Reduce delay
- Avoid unnecessary cost
- Strengthen your legal position
- Improve enforceability of orders
Our international family lawyers in Melbourne provide clear advice on jurisdictional strategy from the beginning.
Our International Family Law Services
International Relocation
If you are seeking to relocate overseas with your child, or opposing a proposed relocation, you will likely require either the other parent’s formal consent or a Court order.
Relocation matters are determined by reference to the child’s best interests and can significantly affect schooling, routine and parental relationships.
We prepare strategic relocation applications and represent clients in contested relocation proceedings.
International Child Abduction and Hague Convention Matters
If a child has been wrongfully removed from or retained outside Australia, urgent legal action may be required under the Hague Convention.
Our international family lawyers assist with:
- Hague Convention return applications
- Responding to international child abduction claims
- Urgent recovery orders
- Liaison with overseas legal representatives
Time is critical in these matters. Immediate advice can significantly impact the outcome.
International Divorce
If your marriage has connections to more than one country, determining where to file for divorce is an important strategic decision.
Jurisdiction can affect:
- Property division
- Spousal maintenance
- Parenting arrangements
- Enforcement of orders
We advise on whether the Federal Circuit and Family Court of Australia is the appropriate forum or whether proceedings should be commenced overseas.
International Divorce
If your marriage has connections to more than one country, determining where to file for divorce is an important strategic decision.
Jurisdiction can affect:
- Property division
- Spousal maintenance
- Parenting arrangements
- Enforcement of orders
We advise on whether the Federal Circuit and Family Court of Australia is the appropriate forum or whether proceedings should be commenced overseas.
Mediation and PreAction Requirements
We assist with drafting and enforcing international child support agreements that are recognised in Australia and, where applicable, overseas jurisdictions.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director and Practice Manager
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
International Parenting and Travel Disputes
Under the Family Law Act 1975, it is generally unlawful to take a child outside Australia without:
• The consent of the other parent, or
• A Court order permitting travel
Even temporary overseas travel can give rise to serious legal consequences if consent is disputed.
Where parents disagree about international relocation or travel, the Court must determine the issue based on the child’s best interests.
We represent clients in complex international parenting disputes, ensuring their rights and their child’s wellbeing remain protected.
Planning Ahead for Expats and Global Families
If you are an expat, hold dual citizenship or frequently travel internationally, proactive legal planning is essential.
We assist with:
- Binding Financial Agreements recognised across borders
- Parenting plans incorporating relocation clauses
- Structuring international asset arrangements
- Pre travel consent documentation
If you are an expat, hold dual citizenship or frequently travel internationally, proactive legal planning is essential.
We assist with:
Speak With an International Family Lawyer in Melbourne
International family law disputes are legally and emotionally complex. They require strategic thinking, coordinated representation and a clear understanding of cross border legal systems.
If you are dealing with overseas divorce, international child custody issues, relocation or cross border property settlement, speak with one of our international family lawyers in Melbourne today.
Multijurisdictional Expertise
Melbourne Family Lawyers have represented clients in international family law matters involving jurisdictions including:
- United States
- United Kingdom
- Ireland
- Germany
- Switzerland
- Hong Kong
- Canada
- Denmark
- France
- India
- Japan
- New Zealand
Senior Associate Alison Loach holds a New Zealand practising certificate and can advise on New Zealand family law matters, including Relationship Property Agreements.
Our multilingual team includes lawyers fluent in Mandarin and Italian, enabling clear communication for international clients.
Related Articles & Cases
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.