How to protect Orders concerning children when those children either move overseas or alternatively are subject to Orders made overseas and the children subsequently relocate to Australia

How to protect Orders concerning children when those children either move overseas or alternatively are subject to Orders made overseas and the children subsequently relocate to Australia

Australia is a signatory to the UN’s Hague Convention on the Rights of the Child.

Both the Convention and the Family Law Act recognise the benefits of children maintaining a meaningful relationship with both parents. However, what happens when post separation one of the parents wishes to relocate internationally with the children away from the other parent.

The Hague Convention attempts to provide reciprocal arrangements between signatory countries that make it possible for Orders made in those countries to be enforced among member countries.

For example, Orders made in a UK Court if later registered in the Australian Courts can be enforced whilst ever a child is in Australia.  Similarly, Orders made in an Australian Court can be registered and enforced in other Hague Convention countries should children move with one of their parents outside of the Commonwealth of Australia. These reciprocal arrangements help to provide some protection of the children’s time with their non-resident parent.

For more information regarding how Orders either made in Australia or overseas can be enforced, please contact our office.

Author: David Uka