ABDUCTED CHILD / CHILDREN
Children being abducted by the parent or a family member is more common in Australia than you may think. Generally this could happen when the parent or a family member is not satisfied with the current parenting arrangements and decide to leave the area or the country. Statistics show that Queensland had more than 80 cases in 2015 where one parent left Australia with a child or children without the consent of the other parent.
SOLE VS SHARED PARENTING ARRANGEMENTS
Within a parenting arrangement, there are two types of rights that are agreed by the parents over the child / children.
- Sole agreement, where one parent has permitted is in sole care of the child / children without the intervention of the other parent; and
- Shared agreement, where both parents are to share the care of the child / children by mutual agreement in the plan.
A parent under a sole agreement is permitted to reside in another area or country without the consent of the other parent. However, in a shared parenting agreement, no parent or family member is permitted to do the same without first obtaining consent by the other parent. The parent responsible for this act will be in breach of their parenting agreement and can be liable for various legal matters.
EXPERTS IN RESOLVING MATTERS INVOLVING CHILD ABDUCTION
We understand that an abducted child / children can be stressful and overwhelming for the other parent. Not knowing the whereabouts of your child / children can become tougher if you are unsure of the procedures needed to bring the child / children back home.
You need Caldwell Family Lawyers that not only has experience and expertise in parenting arrangement cases, but also has the resources to take prompt action and ensure your child / children arrive back home. We specialise in matters involving child abduction at a domestic and international level. Our expert and vastly experienced team has are able are always willing to handle even the toughest matters. We are certainly able to help you as well as advising you of your legal standing and the options that are available to you.
If you do not wish for your child to travel without your consent the following procedure can be followed:
- Complete the Family Law Watchlist Request Form; and
- Obtain a Court Order or a parenting order that prevents your child / children from travelling; or
- Obtain a Court Order or parenting order that limits your child / children from travelling; or
- Obtain a Court order that prevents or limits your child / children from travelling as requested the Australia Federal Police to place your child / children’s name to be added on the Family Law Watchlist.
This situation is unfortunate, however it does happen. So the question is: What do you do if this happens to you?
If this has happened to you, then you need to immediately get in touch with the police and Caldwell Family Lawyers.
There are definitive legal avenues that can be taken to have the child / children returned. The process is easier if the country where the child / children is taken is a signatory the Hague Convention. However, if the country is not a signatory then Caldwell Family Lawyers will communicate with best legal firm available in that country and have your child / children returned back to you.
For further information on child abduction – whether locally or internationally feel free to Caldwell Family Lawyers and discuss your matter with our friendly staff on (07) 5574 0971.