There have been a few times in my life that I have needed a lawyer, and during those times, their help was invaluable. I worked with lawyers during the custody battle for my kids, when I dissolved the partnership for my business and after I suffered an injury at work. In this blog, I plan to write about the law from a range of angles. I may share posts inspired by my personal experiences, what's popular in the news or what strikes my fancy when I'm writing. I have a daughter, Oliva. I manage a medical clinic, and I love blogging. I hope you like the results. My name is Melinda, and thanks for reading!
The recent arrest of news reporters trying to bring back children from an overseas home with a parent has reemphasised how important it is to work within the law when dealing with custody issues. Here are some things you can do if your ex-spouse takes your children overseas without your permission.
Determine if the country is a party to the Hague Abduction Convention
Around the world 94 countries have signed up to the international Hague Abduction Convention which prevents parents from taking their children across international borders to find a more favourable court system for a custody claim. If the party is a signee you can request that the Australian government contacts the government and arranges for the children to be turned back at the border and returned to Australia. This applies to either parent or other relatives that may have custody claims in some locations such as grandparents.
Contact a family lawyer in both locations
You may have a local family lawyer but it's advisable to also contact a family lawyer in your ex-spouse's location, who can advise on how to start proceedings for full of partial care in the new location. They can also advice on how the process is likely to proceed in another location, as family courts proceedings run much different in different locations. At the same time, your local lawyer can provide advice on continuing proceedings through the family court, interacting with the Australian government and talking to the media if needed.
Show a flexible attitude
You may find that it is not possible to retrieve your children from their other parent. Organising some mediation to try and organise a custody arrangement that allows you to meet the children either in your ex-spouse's country or a third country, can be a good way to help maintain a relationship with the children. You should also make all efforts to communicate through other methods such as phone calls, video calls or social media depending on the age of the children. This can help you to maintain a relationship with the children and help them to feel secure and loved during a tumultuous time.
If you find that your children have been taken overseas by your ex-spouse, it's important to keep a calm and contained attitude and contact appropriate legal services. It is important to act with the law to prevent yourself becoming further embroiled in legal problems and potentially being arrested.
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