child abduction melbourne

Child Abduction – When Legal Advice Becomes Necessary!

Has your child abducted by your partner or any other family member? There is no surprise in stating that this is a more common practice in Australia than you might think.

Usually, parents or family members abduct children when they are not satisfied with the ongoing parenting arrangements or have to leave their present residing area. According to the statistical reports of 2017, there had more than 110 cases where one parent abducted a child or children without considering the consent of her partner.

Parenting Arrangements in Melbourne – What You Need to Know?

As per the law, parents can decide between two parenting arrangements for their child or children:

  • Shared Agreement – Under this agreement, both the parents agree mutually to share the caring expenditures of their child or children.
  • Sole Agreement – According to this agreement, only one parent is legally consented to take care of a child without seeking any intervention from the other parent.

Under the sole agreement, a parent can reside within or outside the country without the approval of another parent. However, in the shared agreement, it becomes mandatory for both the parents to take prior consent of their partner before executing any such action. If in case a parent breaches the act, then he becomes liable for numerous legal matters.

Resolving Issues in Child Abduction – How the Experts in Melbourne Can Help You!

The life of an abducted child can be very stressful. Even, the same can be overwhelming for the other parent, particularly in the sole agreement situation. If you are experiencing a similar problem and are not aware of the whereabouts of your child and even don’t have any knowledge about the legal procedures to follow, then things can be tougher.

Bringing the child back to the home can be tough, but expert legal professionals can always help you.

We are professional lawyers possessing the requisite expertise and experience in handling such cases. We are available with all the resources needed to instigate prompt actions and ensuring that your child comes back home safely. We are legal experts specializing in matters involving parenting arrangements, domestic violence, family laws, international laws, and child abduction.

If your child had abducted and you don’t wish him to travel to other country or state without your consent, then you need to follow the below procedures.

  • File an application with a good family lawyer in Melbourne.
  • Avail an order from the court in order to prevent your child from travelling distances without your consent, or
  • Avail an order from the court that limits the duration of your child travel, or
  • Avail an order from the court preventing your child from travelling under the request of the Australia Federal Police. For this, you need to add your child’s name to the watch list of Family Law.

Definitely, this is an unfortunate situation, but if you are experiencing the pain, then don’t give it a second thought. Remember one thing! There are decisive legal avenues that can be practised to bring back your child to his home. If the situation is within one country, then the process is simple and can be resolved at the earliest, but if it is between countries, then it may take some extended time, but eventually, things will be streamlined.

If you have an urge to bring your child back to you, then call the best legal experts in South Pacific region that can provide you with all necessary help.

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How International Relationships get affected by International Family Laws

International relationships are those where partners of different countries enter into a relationship whether it is marriage, de facto or same-sex relationship. Once such partners, say one is from Australia and the other partner is from Singapore, have businesses and investments in various other countries and have a family, the separation and divorce process would be awfully complicated. No exaggeration there!

The separating partners will not know which country’s family laws apply to them and where they should file their divorce case. This is where international family law lawyers who have a professional network in various countries can be contacted for legal advice. The international family cases are going to be long drawn and costly affair. One can also reach government initiated cross-border relationship redressal cells or non-profit organisations for legal help.

How are property disputes settled in international divorce cases?

Well, the investments and assets of a family serve as a bad-weatherproof for the members of the family. But what happens to these assets when the partners decide to part ways? Essentially, any country’s law is formed on the basis of the fair and just ratio of share to each partner keeping their commitments in view.

The underlying difference is how the property and other financial aspects are approached by the laws of a country. Depending on this, the implication of the law is decided.

For instance, Germany’s family laws do not take into account those part of assets and finances for divorce settlement that is owned by the partners (couple) before marriage or entering into a relationship.

Alternatively, the United Kingdom’s family laws don’t give much credit to the prenuptial financial agreements and advocate to settle the property by splitting into equal halves between the couple.

Given such scenario, the legal professionals dealing with family laws suggest the couple where they should be filing the divorce and settlement case. It is more important that the partners should be able to establish a strong connection to that country either emotionally, socially or financially to convince the territory court to take up their case.

What many of us have seen is, either of the partners uses these differential laws to his or her advantage to manipulate or bully the weaker partner. And files the case for divorce and settlement in such country where his/her interests are served in best possible manner!

International Laws related to Children- Child custody, child abuse and recovery of a child from the other parent, alienation from other parent or family members such as grandparents, uncles, aunts, cousins, claiming child support.

 

 

How pitiful it is when a child suffers due to adult issues. More often than we would like to admit, parents use the child as a tool to hurt the ex-spouse/partner. Parental Alienation is an unforgivable crime and all the courts take it quite seriously.

Parents fighting over child custody is the most strenuous legal fight we see every day. It is more nerve-racking if the parents are now in two different countries and want to take the child along with them. Or cases where one parent wants to take the child on an international trip and the other isn’t giving in. There are lots of issues regarding child and parenting plans that come up during separation from a partner who is a citizen of another country.

Recovering a child across international borders is next to an impossible task, as- the laws of the countries differ hugely and are very stringent when it comes to removing a child from its land. An international family lawyer with effective network and experience in attending Hague Convention can help assist is claiming child custody and recovery.

Hague Convention – What is it?

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

If a parent takes the child across international borders without the other parent’s consent or court order it is called parental child abduction. In all the countries Parental Child Abduction is considered as a serious crime. In such cases, the country where the child is taken to should arrange for recovery and return of the child to the authorised parent ( the parent who has parenting orders from the court) at the earliest.

However, the readers should know that the Hague Convention is an association of many countries who have signed Hague Convention Treaty and thus come under Hague Convention guidelines.If the child is taken to those countries who don’t come under Hague Convention, the recovery of the child is much more difficult.

How to recover a parentally abducted child from Australia?

Child Recovery Australia is an organization which assists separated parents to trace and recover the child in Australia. The organisation operates both on the national and international platform.

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

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

Hague Convention cannot be contacted for International cases of Domestic Violence.

International Family Lawyers

Being well-informed help making right decisions. And being assisted by right professionals help win the case!