Posts tagged as:

Hague Convention

Michelle McDermott

Having had the invaluable experience of practising family law both here in Australia and in the UK, I have at times been struck by the differences in each country’s family law regimes. There were two published Court decisions in 2014, one here and one in the UK, which provided me with such an example: in Australia, the case of Merrick … Read more

What is the Airport Watch List?

by Peter Magee on April 28, 2016

Anne-Louise Pham

Under the Family Law Act 1975 (Cth) (“the Act”), it is an offence to take a child outside of Australia without the consent of the other parent, where there are parenting Orders in place or parenting proceedings on foot, unless the current Orders provide allow for such travel to take place (see section 65Y and 65Z of the Act).

A … Read more

The kids “aren’t coming home to Australia, ever”

by Natasha Heathcote on March 20, 2016

Natasha Heathcote

This is the unfortunate story of Australian mother of two, Sally Faulkner. Sally’s  ex-husband has taken the couple’s two young children, Noah, 2, and Lahela, 5 overseas to Lebanon.

Sally has made an emotional plea to Foreign Minister Julie Bishop to bring her children home in time for Christmas as she has now not seen or heard from the children … Read more

Expansion of International Adoption

by Bree Staines on August 11, 2015

Bree Staines

While most people view family law to be about the breakdown of relationships, there is another side to family law concerning the growth of a family: adoption. The Family Law Act 1975(Cth) relates to adoption in that the Court may, having regard to the best interests of the child, grant leave for proceedings to be commenced for the adoption … Read more

Peter Magee

No doubt you will have read of the case of missing man Greg Hutchings and his daughter Eeva Dorendahl, who have been missing since Saturday after failing to turn up at a family gathering. It has recently been reported that Mr Hutchings’ sister is confident that Eeva is safe, and that Mr Hutchings and his daughter are in hiding after … Read more

Peter Magee

The Herald Sun recently reported that an American filmmaker had made a fictional feature film named after his 11 year old daughter who went missing with her mother while in America during a custody battle over 10 years ago. The filmmaker, Brozzi Lunetta, believed that his daughter, Reya, was in hiding with her mother in Australia. Mr Lunetta hoped that … Read more

The object of the Hague Convention on the civil aspects of international child abduction is to secure the prompt return of a child taken from one convention country to another, being the country in which the child is generally habitual resident, prior to the unlawful retention or removal of the child. There are a number of countries that are signatories … Read more