It can vary. Timing depends on the complexity of the matter and whether the case is international. Hague Convention matters are generally fast-tracked but can still take months, especially if contested. The court’s focus is always on the child’s best interests. Early legal action with experienced representation makes a major difference in outcomes and the speed of processing.

If Australia is the country where the child has been taken, a parent from another Hague Convention country can request the child’s return through Australia’s Central Authority. If you are the parent of the child in Australia, we can help you respond to these requests and defend your rights during the proceedings. If you are the parent outside of Australia we can assist you to liaise with the Central Authority.

Yes, you can. If you’re concerned about abduction, you may be able to apply for a court order preventing international travel so that the opportunity for illegal abduction is drastically reduced. This could include a watchlist order. This alerts border authorities if your ex-partner and child are attempting to leave the country. A dispute family lawyer can help prepare and file the application quickly to prevent unauthorised travel.

If this has occurred, it’s important you contact a family lawyer in Perth immediately. Acting fast is crucial to maximise your options and the chance of a positive outcome for you and your child. We can help you apply for return orders under the Hague Convention (or other protocols), liaise with international authorities and work to bring your child home safely. The earlier you act, the better your legal position and potentially the less impact on your child’s wellbeing.

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that helps return children who’ve been wrongfully taken or kept overseas. If your child has been taken to or from a country that is a signatory, a family lawyer like those at Lynn & Brown can assist in initiating the return process. Time is critical in these matters and we always prioritise swift and decisive action.

Child abduction occurs when one parent removes or keeps a child from the other parent without proper consent or legal authority. In international cases, it typically involves breaches of custody rights which may be protected under the Hague Convention, a treaty establishing procedures for the return of wrongfully removed children to their home country. Even well-intentioned relocations can be considered abduction if done without permission from the court or the other parent. Whether it’s you or your previous partner relocating, it’s important to understand yours and your child’s rights.