Legal Question in Family Law in Australia
Left country with child without father's knowledge
My nephew and his girlfriend, both in their early 20s, moved to Queensland, AU., several months ago with their 2 yr. old daughter. All three are U.S. citizens. Without a word to anyone, including the father, she and the child disappeared. We just found out that the 2 of them are back here in California staying with a friend of hers. My nephew is very distraught (his father and siblings live in Queensland). She has a history of mental illness and was once institutionalized in California for grabbing the steering wheel while my nephew was driving, and crashing the car into a pole. She was arrested for this as well. This along with other suicidal tendencies, alcohol and drug abuse. They are not married. All 3 were living in California with his mother, until they mutually agreed to move to Australia. Can he take any action at all in Australia, to recover his daughter who's now in California? She literally left without telling anyone there, in Au., or here, in CA. Thank you very much for your time.
1 Answer from Attorneys
Re: Left country with child without father's knowledge
Your son should see a family law solicitor WITHOUT DELAY. The key will be first trying to stop the mother moving again, and then getting the child back to Australia (if that is what he wants). It may be possible to obtain quick relief under the Hague convention, which deals with international child abduction, but one issue will be if Australia were the habitual place of residence. California usually requires 60 days residence for jurisdiction there. There ought to be a co-ordinated approach by lawyers in Australia and California, so that nothing is left to chance. It is imperative that your son get competent legal advice immediately.
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