Legal Question in Family Law in Australia

Re: Can the father take her?

I refer to your recent enquiry. It is extremely important for you to obtain urgent legal advice from a local Family Law or Matrimonial Lawyer in the State which you reside in the United States before leaving for Australia. I am a Specialist Australian Lawyer and I have had a number of international cases involving the removal of children and the ramifications of the Hague Convention.

Please be aware that if you remove your daughter to Australia without the Father�s written consent (to reside permanently in Australia) then you are in breach of the �Hague Convention� on the abduction of children and the Father can forthwith institute proceedings through the Australian Government to have your daughter returned to the United States.

These proceedings under the Hague Convention are not concerned about the best interests and welfare of your daughter. The proceedings are simply concerned about returning children to the place where they were residing before being wrongfully removed. Therefore, it is extremely important that you do not leave the United States until you either have the Father�s written consent to reside here permanently or alternatively a Court Order in the United States permitting you to return with your daughter to Australia.

I have seen many cases where Mothers have fled the United States with children only to be returned after a number of costly Court battles. If your daughter were to be seized in Australia and returned to the United States then you would also have to return to the United States to fight for custody there which would be extremely expensive and time consuming.

I would suggest that you separate from the daughter�s Father in the United States (if you haven�t done already) and either get his consent to reside permanently in Australia or seek to make an urgent Court Application in the United States for permission to reside in Australia.

If you have any further queries please do not hesitate to contact me directly and you could obtain further information from my website at www.hartleyfamilylaw.com.au.