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International Family Laws And Child Custody: How Can You Get HELP in Australia

International family laws are complex web of legal issues that govern the family separation of international citizens. International families are increasing with people from various countries are coming together to form a family or living together. The separating couple have a tough time understanding which country’s laws apply to them and how will the separation works out till the end.

Property Settlement in International Divorce Cases

For example, in Germany the jurisdiction does not consider the assets owned by the partners before marriage for property settlement during divorce. Interestingly, in UK, the pre-nup financial agreements don’t hold much importance and the property is split equally between the partners.

The emphasis is how strongly partner / partners connect to a country. Accordingly, that country’s jurisdiction is applied to the couple for divorce proceedings. This can have a flip side too as a partner can bully or talk the other partner into agreeing to have divorce hearing in the country that suits one partner’s aspirations to great deal.

Child Custody & Recovery in International Divorce Cases

Often, child custody is the most horrendous legal fights of all the other things, such as property settlement or spousal maintenance. If a partner takes the child / children across the international borders, it is nearly impossible for the other partner to get the child back as the child custody laws differ hugely from a country to country.

You need to seek assistance of a family law solicitor who has expertise in international family laws to help you understand the laws regulating international child removal and navigate through the child recovery process.

Hague Convention

Hague Convention

Hague Abduction Convention, a governing body for international child removal cases, states the child custody issue can be decided by the court of law where the child habitually resides.

If a partner without the other’s consent or court order takes the child abroad, it is considered as child abduction and the destination country should as soon as possible arrange for the return of the child to the other parent who has parenting orders from the court.

UK is more forthcoming in helping foreign parents compared to other countries. It provides legal aid and translation services to the abroad parent seeking child recovery.

This arrangement, sadly works among only those countries that have signed Hague Convention Treaty. The countries who have not signed this treaty are not subjected to this arrangement. However, the silver lining is, many countries intend to sign the treaty to stop child abduction and speed up the child recovery and handing over to the rightful guardian.

International Child Abduction and Recovery in Australia

Child Recovery Australia is an organization which helps address the parental child abduction and recovery of the child both nationally and internationally.

The Australian Central Authority in the Attorney-General’s Department is the administrative body for The Hague Convention for civil laws. You can contact Australian Central Authority in below cases:

  • International Parental Child Abduction
  • International Child Access
  • Registration of Overseas Child Custody Orders
  • Information for Responding Parents to Applications through Hague Convention
  • International Child Protection
  • Support & Assistance for any other matters relating to Hague Convention

Domestic Violence and Hague Convention

Domestic violence cases are not addressed by Hague Convention. Many organizations working closely with parental child abduction cases state that most of the times the child removal from one country to another is thought as last resort of moving away from an abusive partner.

Hague Convention has tried to bring uniformity in family laws in case of marriage, child custody, divorce and property settlement.

International Family Lawyers

Knowing how a country’s family laws apply to their case, will help many divorcing couple to make necessary arrangements and take call when situation demands so.

An international family law expert solicitor’s assistance is needed to advice on rights and responsibilities of divorcing partners in various countries. The international family lawyers can help you immensely as they have representing offices across countries and staff international family law expert attorneys to support you with that country’s divorce laws and court proceedings.

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