(07) 2113 4645

If your matter is urgent or you need to speak to a Family Law Solicitor right now, we can accommodate it. Please call 07 2113 4645 and ask to be connected to a Solicitor while you are on the call.

Call us
Send email
International Custody Disputes: The Hague Convention Explained
When parents separate, international travel and relocation can become complicated, especially when one parent wants to move overseas with a child and the other does not agree. In some cases, a parent may take a child to another country without permission, which can lead to what is legally considered international child abduction. This is where the Hague Convention on the Civil Aspects of International Child Abduction comes in. It’s an international treaty designed to protect children from being wrongfully taken across borders.

What Is the Hague Convention?

The Hague Convention is an agreement between participating countries to:
  • Return children quickly to their country of usual residence, and
  • Ensure custody disputes are decided in the proper jurisdiction

Australia is a signatory to the Convention, which means Australian parents are protected if a child is taken overseas without consent, provided the other country is also a partner country.

What counts as ‘Wrongful Removal’ or ‘Retention’?

A parent has likely breached the Convention if they:
  • Take a child overseas without the other parent’s consent or without a Court Order, or
  • Fail to return a child to Australia after an agreed overseas visit

This applies when both parents share parental responsibility or have enforceable parenting orders.

What If a Parent Wants to Move Internationally?

A parent must first:
  • Get written consent from the other parent, or
  • Apply to the Family Court for permission to relocate

The Court will consider whether the move is in the best interests of the child, including their relationship with both parents, practical arrangements, and the impact of the relocation. Unapproved relocation could result in serious legal consequences.

What Happens If a Child Is Taken Overseas Without Consent?

If a child is taken to a Hague Convention country:
  1. An application can be made through the Australian Central Authority
  2. Authorities overseas locate the child
  3. Court proceedings begin in that country
  4. The child is usually ordered to be returned to Australia promptly

This ensures custody disputes are handled in the child’s home country.

What If the Country Isn’t Part of the Convention?

This can be much more complicated. Without the Convention framework, recovery depends on:
  • Local laws of the overseas country
  • Diplomatic support
  • International cooperation

These cases often take longer and can be more stressful for families.

Does the Child Ever Get a Say?

Yes, but only in limited circumstances. If a child is old enough and mature enough to express a strong objection, the overseas court may consider their views when deciding whether they should be returned. This is evaluated case-by-case.

Preventing International Abduction: What Parents Can Do

A parent who fears a child may be taken overseas can:
  • Apply for a Family Law Watchlist Order (previously Airport Watchlist)
  • Request that the child’s passport be surrendered or cancelled
  • Inform their lawyer or the Australian Federal Police of travel concerns

Acting early is crucial.

Final Thoughts

International custody disputes move quickly and involve multiple legal systems. If you’re concerned about international travel, relocation, or a possible abduction risk, it’s important to get legal advice as soon as possible. You don’t need to navigate this alone, the right guidance can help protect both your rights and your child’s safety.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2113 4645 if you need our assistance.
Tags:
Family
Related articles
Blog: Serving Divorce Papers in Australia: What You Need to Know
Serving divorce papers in Australia? Understand the service requirements and methods with our expert guidance for seamless proceedings.
Blog: Finances and property: We cannot agree
Navigate financial disputes in Australia with expert legal guidance. Learn about pre-action procedures, duty of disclosure, and time limits for resolution. Schedule a free consultation.
Blog: When mediation fails – what’s next?
Exploring options when mediation fails in family law disputes
Blog: When mediation is not appropriate
Mediation not always ideal for family disputes. Learn when it's ineffective for parenting or property matters, and alternatives when facing urgency or safety issues.