Child abduction by a parent is a distressing situation that can have significant legal and emotional consequences. Abduction occurs when a child is taken from the custody of their natural or lawful guardian without authority or consent. International child abduction is a particular concern addressed under the Hague Convention on the Civil Aspects of International Child Abduction, an international treaty to which Australia is a signatory. The Convention aims to ensure the prompt return of children wrongfully removed to or retained in another country.

Signs Your Ex May Be Planning to Abduct Your Child

Be alert to these red flags if you suspect your ex-partner may be planning to take your child unlawfully:

1. They have recently returned from or plan to visit a foreign country where they own property or have strong family connections.
2. They have limited or no ties to Australia, such as employment, property ownership, or social connections.
3. They have expressed intentions to relocate abroad or show no commitment to staying in Australia.

What to Do if You Suspect Imminent Abduction

If you believe your ex is planning to abduct your child, take immediate action:

1. Contact a Family Lawyer: Seek urgent legal advice from a lawyer specializing in family law to understand your options and rights.
2. Apply for a Location Order:
   • A location order compels your ex or any other relevant party to disclose the whereabouts of the child to the court.
   • The Family Law Act 1975 (Cth) allows specific individuals, such as grandparents or those with parental responsibility, to apply for this order.

Who Can Apply for a Location Order?

Under the Family Law Act 1975, the following individuals may apply for a location order:

• A parent or person with parental responsibility for the child under a court order.
• A grandparent of the child.
• A person with whom the child lives or spends time, as stipulated by a parenting order.
• Any person concerned for the child's welfare and development.

Steps to Take if Your Child is Abducted

If your child has already been abducted:

1. Report to Local Authorities: Notify the police immediately and provide all necessary details about your child and the suspected abductor.
2. Contact the Australian Federal Police (AFP): Request assistance in tracking the departure or arrival details of your child. The AFP may issue a Family Law Watchlist Order to prevent the child from leaving the country.
3. Seek Financial Support for Overseas Legal Action:
   • The Overseas (Child Custody Removal) Scheme provides financial assistance for legal expenses incurred in pursuing the recovery of your child abroad.
4. Engage the Hague Convention Process:
   • If the child has been taken to a country that is a signatory to the Hague Convention, contact the Central Authority in Australia to initiate recovery proceedings through the relevant foreign Central Authority. This process ensures the child’s return to their habitual residence.

Relevant Australian Legislation

1. Family Law Act 1975 (Cth): Governs parental responsibility, parenting orders, and location orders.
2. Hague Convention on the Civil Aspects of International Child Abduction (1980): Facilitates cooperation between member countries to address international child abduction.
3. Family Law Watchlist Order: Issued under the Family Law Act to prevent a child from leaving Australia without the court’s permission.

Additional Resources

• Australian Central Authority: Responsible for handling Hague Convention applications.
• Australian Federal Police (AFP): Assists with preventing unlawful child removal.
• Legal Aid Services: Provides guidance and financial support for eligible applicants in child abduction cases.