Legal Question in Family Law in Australia

Re: US Mother vs. US Ex-Husband in extended visit of 8 yr old to Australia

The issue you raise does not involve Australian Law. Were your husband to seek to retain your daughter and not return her then the Hague Convention which is an international treaty to which both the USA and Australia are signatories, would give you rights to have your daughter returned to you. The issue you in fact raise is whether it is reasonable to send your daughter so far unaccompanied. That is a personal decision. You first ought to check with the Airlines (Qantas and United) whether they will in fact allow a child to travel unaccompanied. If the answer is no then your question is answered. If they will permit such travel then it really is up to both of you to makee mutually satisfactory arrangements. If you cannot agree then your husband will need to take action in the US and not Australia

Re: US Mother vs. US Ex-Husband in extended visit of 8 yr old to Australia

I refer to your recent email enquiry. I am an Australian Family Law Specialist and believe from your enquiry that you would be best to make your enquiries through a specialist Family Law Solicitor in Portland. I imagine that unless there is a Court Order that requires you to provide contact to your Husband in Australia, then your Husband would not be able to take any action in Australia as far as enforcement of any Orders. Your Husband may choose to file an application in Australia, but I believe that the best alternative would be for him to file an application in the United States to seek a variation and an increase in his visitation rights. In the event that an order was ever made that allowed your daughter to have contact in Australia, then the Australian Courts do have a procedure whereby the United States Orders can be registered here. The advantage of that would be that if your husband failed to return your daughter then the Australian authorities could enforce the Orders and secure the return of your daughter to the United States. Otherwise, I suggest you seek specific advice from a local Family Law expert in relation to the current orders and whether under US law your husband would have any grounds to vary the visitation rights.