Cases of child abduction by the other parent always happen.
Abduction is the taking away of a child from the custody of the natural or lawful guardian, and the taking was without authority or consent. International abduction is one of the concerns of Hague Convention. Australia is one of the signatories to Hague Convention which is an agreement between countries to assist one another in cases of child abduction.
Hints that your ex is planning to abduct your child:
- Your ex is returning from abroad where he has property and plans to take your child on vacation outside Australia
- Your ex-has a house family, connections outside Australia and has no plan of staying here
- Your ex-has no property or employment here in Australia
Things you need to do when you suspect that your ex will abduct your child:
a) Contact family law lawyers and seek immediate legal advice on how to prevent the abduction
b) Apply for a location order for the child-directed against your ex who will have the burden to inform the court of the whereabouts of your child
Another person who can apply for the location order:
- Person whom the child is to live with under the parenting order
- Person whom the child will communicate with under the parenting order
- One who has parental responsibility to the child under the parenting order
- Any person concerned for the welfare and development of the child
Steps to be taken when your child was abducted:
i. Report to the local enforcement authority that your child is missing
ii. Obtain information regarding the departure and arrival details of your child by contacting the Federal Police in Australia
iii. Seek help from the Overseas (Child Custody Removal) scheme in connection with your legal expenses abroad
iv. If the country where your child was taken by your ex is a member of Hague Convention, contact the foreign Central Authority for the recovery of your child.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.