Complex Children’s Matters

There are instances where children may be at risk of abuse, neglect or exposed to family violence. You may be dealing with a number of services such as psychologists, child protection officers or the police and feel completely overwhelmed.

We are committed to resolving matters holistically and in a way that preserves relationships and puts the best interests of the child first. We take care of the legal side of things but refer you to the non-legal services you need. Our lawyers are trauma-informed to provide sound, sensitive and practical legal advice to help you move forward.

Relocation and recovery of children

Some parents may be concerned that the other parent will remove children from their current home or school or move interstate or overseas.

After separation, some parents wish to relocate with their child/children. If relocation if going to limit the amount or frequency of time spent with a parent, consent will need to be granted by the other parent prior to that relocation.

If an agreement cannot be reached about relocation, an application can be made to the Court for an Order to allow for the relocation to occur. An application can also be made to prevent relocation from occurring.

The Court will consider the impact the relocation will have on the child/children and on their ongoing relationship with both parents and make an order based on what is in the child’s best interests.

A child must have the opportunity to have a meaningful relationship with both parents. A Court may not give permission for a relocation to occur if the relocation is not considered to be in the best interest of the child/children. If relocation has occurred without the consent of both parties, the Court may order the child/children to be returned.

If a parent relocates with a child/children of the relationship without the consent of the other parent, an application may be made to the Court for child/children to be returned.

Overseas child abduction, Hague Convention Applications and Airport Watchlist Applications

If your child has been taken overseas without your consent, you will need urgent legal advice about recovering the child.

If the country your child has been taken to is a signatory to an international agreement called the Hague Convention, then we can help you make an application to have your child returned to Australia.

If your child has not been abducted overseas but you have a genuine fear that they may be, an application may be made to the Court for the child/children to be placed on the Australian Federal Police’s Airport Watchlist, which will stop the child being taken out of the country.

It is important that you act urgently if you are concerned that your child may be taken overseas without your consent. It is usually far easier to prevent a child from leaving Australia than to bring them back, particularly if the destination country is not a signatory to the Hague Convention

Our lawyers can help you submit an Airport Watchlist Application to prevent the risk of child abduction occurring.