What Happens If One Parent Takes a Child Out of Country?

In Australia, taking a child out of the country without the other parent’s consent is considered parental abduction, and it’s a serious offence that could lead to imprisonment.

This article explains the legal implications, preventive measures, and courses of action available to parents facing this complex issue.

Parental Abduction Crime

Parental abduction refers to the act of one parent taking, detaining, or concealing a child or children from the other parent without consent. In Australia, this is considered a crime that could lead to imprisonment.

🔑 Key Takeaway: Parental abduction is a serious offence. Always seek the other parent’s consent before travelling overseas with your child.

The Hague Convention Assist

If a child is taken overseas without consent, the Hague Convention can assist in their return, provided the country involved is a signatory.

This international treaty aims to resolve issues of child abduction across borders.

🔑 Key Takeaway: The Hague Convention can be a lifeline if your child is taken overseas without your consent, but it’s not universally applicable.

Also read: How to Stop Child Leaving Australia

Family Law Watchlist

If your child is concerned about being taken abroad without your consent, you can add their name to the Family Law Watchlist.

The Australian Federal Police manage this list and can prevent your child from leaving the country.

🔑 Key Takeaway: The Family Law Watchlist is a preventive tool that requires a valid court order for a child to be added.

Court Intervention

If parents disagree about overseas travel, the Family Court can intervene.

The court may require details like the trip’s itinerary and the countries to be visited. If deemed in the child’s best interest, the court can permit the travel even without the other parent’s consent.

🔑 Key Takeaway: The Family Court can mediate overseas travel disputes, but its primary concern is the child’s best interest.

How We Can Help

We recently had a case where a distressed mother approached us for legal assistance.

Her ex-husband had taken their daughter overseas without her consent, and she was apprehensive about her child’s safety and well-being.

After an initial consultation, we immediately advised her to file for a court order, citing the Australian Family Law Act’s provisions against parental abduction.

We assisted her in gathering all necessary documentation, including evidence of her ex-husband’s intent and her daughter’s Australian residency.

Our legal team expedited the court process and successfully secured an urgent hearing.

We also guided her through the process of adding her daughter’s name to the Family Law Watchlist, managed by the Australian Federal Police, to prevent any further unauthorised travel.

Furthermore, we initiated proceedings under the Hague Convention, as the country her ex-husband had taken their daughter to was a signatory.

Within weeks, the court ruled in favour of our client, and her daughter was safely returned to Australia.

It’s Essential to Seek Legal Advice

The issue of “what happens if one parent takes a child out of the country” is complex and fraught with legal intricacies.

Understanding your parental rights and responsibilities can go a long way in preventing unauthorised overseas travel and the potential heartache it can cause.

If you’re planning to travel overseas with your child or are concerned about your ex-partner doing so, it’s essential to seek legal advice for international family law.

Legal experts can guide you through the complexities of family law and international treaties.

Hayder Shkara

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.