My ex is threatening to leave the country with our children
It is a heart-stopping concern for any parent when the other parent threatens to leave the country with the children.
Many parents who make these threats fail to realise they are very likely committing an offence under the Family Law Act if they were to carry through with their threat. Removing children from Australia without the written consent of the other party carries with it a penalty of up to 3 year’s imprisonment.
Things can be done to ensure the children don’t leave the country.
The children’s names can be placed upon a “Watchlist” with the Department of Immigration. This means that the other parent won’t be able to get the children past security at any international airport.
If the other parent does manage to get the children out of the country, the next step will be to rely upon the Hague Convention if the children have been taken to a country which is a signatory to the Hague Convention.
Once the children have been returned to Australia under the Hague Convention, the case is usually referred by one of the parents to the family law courts in Australia. Frequently, it is the parent who removed the children who initiates the case on the basis that they now seek an order from the family law courts that they be permitted to relocate the children to another country. These cases involve competing considerations as to what is in the children’s best interests which are always paramount to all other considerations.
If you are worried about your children being removed from Australia, you should seek legal advice urgently.
At Freedom Law, your first consultation is free. Contact us today to discuss your situation.
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