Legal Question in Family Law in Canada

International Visitation

My partner wants to come to Australia to live with me. He has a daughter in Canada. What are his chances of being able to have her come to Australia for her summer holidays?


Asked on 9/19/03, 9:22 pm

1 Answer from Attorneys

Greg Shoebridge Simonidis Shoebridge Lawyers

Re: International Visitation

The answer will depend upon a few things. Amongst them are whether or not there are any orders in Canada in relation to contact. Keep in mind that family law in Canada may vary from family law in Australia on such issues. In Australia, the basics are these

1. Is the intended destination country a signatory to the Hague Convention on the return of abducted children (both Canada and Australia are)

2. Is`there a history of the child not being returned from contact visits in the past?

3. Is there sufficient security (eg return tickets, etc) to be reasonably safe in the assumption that the child will be returned.

If the answer to all of these is satisfactory the Court will usually let the child go on holidays.

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Answered on 9/23/03, 8:27 pm


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