Parental child abduction is one of the last things a parent should need to worry about. Children deserve to feel safe in their family so they can grow into the person they want to be. Sadly, some parents choose to be selfless and decide to engage in criminal acts such as child abduction. But why so? What are their reasons?
- Were they scared of losing parenting time with their child?
- Do they think that the other parent poses a risk of abuse or domestic violence for the child?
- Do they have a heinous crime setup that may harm or will harm the child?
Regardless of the reason, it’s illegal to abduct a child, especially if it goes against parenting arrangements. Now, what can we do to prevent such crimes? When will we call for help from authorities and lawyers?
Parental Child Abduction in Australia
To begin with, let’s understand the basic definition of “parental child abduction.”
“Child abduction, or parental child abduction, occurs when one parent or guardian takes, conceals, or detains a child from the other parent or guardian without their consent, or authorisation of courts.”
Parental child abduction happens in cases of custody disputes when parents are unable to reach an agreement about parenting arrangements and child custody.
When this happens, in many cases, it is found that the family members of the abducting parent are often involved and help the parent to abduct the child, and to keep the child away from the other parent.
What Laws State That Child Abduction Is Illegal?
Section 87 of the Crimes Act 1900 states that child abduction is a serious offence. It states is illegal for a person to take or hold a child under the age of 12 with the intent to remove them from the lawful control of a person without their consent.
It also states that international parental abduction of children will face a penalty of 10 years in prison.
The Case Of Japan Vs Australia
In 2022, Japan and Australia’s diplomatic relations were threatened because of Japan’s custody policies and the prevalence of child abduction in Japan. According to reports, nearly 68 Australian-Japanese children had found themselves in the midst of child custody disputes and child abductions.
Many of them had reportedly been “snatched” while at school, or been taken away from their family homes. Moreover, some children were sent on holiday from Australia to Japan only to never be seen again by their parents in Australia.
Japan’s legal system allows the parent with sole custody to completely block the other parent, thereby denying access to the child. As Japan is also a member of the Hague Convention, currently, requests for the return of children are being considered. All cases need to be dealt with according to the provisions of the Convention.
Seemingly, Japan’s family courts and international system (which follows the Hague Convention) are not working in tandem. It is believed that Japan’s family courts facilitate sole custody and do not give the child’s best interests great consideration.
International Parental Child Abduction (IPCA)
International child abduction happens when a parent abducts a child and takes them out of their home country. Thankfully, the Hague Convention on the Civil Aspects exists for the sole purpose of protecting children in cases like this. The Hague Convention is a treaty that consists of countries that are ‘signatories’ to it, wherein they agree to assist each other.
Among all the countries, Australia, the UK, and many countries in Asia are signatories to the Hague Convention. Suppose the child has been abducted and taken to a country that is a member of the Hague Convention. In that case, the Australian Central Authority will intervene and assist with the matter.
On the other hand, if the child is taken to a country that is not a signatory to the Convention, then the process will be different. In this case, the following things can happen:
- Firstly, the Australian Court will decide if they have the power and jurisdiction to make decisions on this issue, which can include the question of who the child is to live with.
- Alternatively, a foreign court can make a court order before the Federal Circuit and Family Court of Australia to decide with whom and where the child is to live.
- Lastly, the parent in Australia can get a court order within Australia preventing the abducting parent (who is overseas) from pursuing a court case in a foreign nation.
What Can I Do if My Child Was Taken Away From Australia?
In some cases, when the parent realises that their child has been abducted by the other parent, they can immediately contact the Australian Federal Police (AFP). They can place the child’s name under the Family Law Watchlist.
This can be helpful in case the abducting parent has not already left with their child overseas. If this step applies to you, it is also recommended to speak with a family lawyer who can assist you with filing a police report and with other legal processes.
If your child is in a non-Hague Convention country, you may want to seek private legal advice in that country about your options. To check if a country is a member of the Hague Convention, you can visit the Hague Convention on the Civil Aspects of International Child Abduction website, which consists of the list of countries that are signatories to it.
What if I Just Hold My Child’s Passport for Safekeeping?
Now, this could be a preventive measure to prevent international child abduction. However, you should communicate this with the other parent to avoid any misunderstanding. In case you failed to secure your child’s passport, and child abduction occurs, you can get a Child Alert Request. You can file a Child Alert Request form at your nearest Australian Passport Office.
Applying For A Recovery Order
A recovery order can help a parent recover their abducted child. Under Section 67Q of the Family Law Act 1975, a recovery order is used to:
- Direct a police officer to take action to find, recover and return the child to the designated parent/guardian;
- Prohibit the other parent/person from taking the child – to prevent parental child abduction.
The recovery order will require a child to be returned to a:
- parent of the child;
- any person who has a parenting order that states that the child lives with, and communicates with that person; or
- any person who has parental responsibility for the child.
If you want further information about this Section, you can check out our article here.
Seek Legal Advice For Family Law Cases
Parental child abduction is a serious matter, and it’s important to seek urgent legal advice. As a parent, we care for our well-being even after divorce. It’s scary to know that a parent is capable of this because of numerous reasons. So, if you are a parent who fears for the safety of your child, then you should reach out to JB Solicitors
Our team has years of experience dealing with child abduction laws and other family law matters like divorce and parenting arrangements. We are aware that your child is your top priority in such cases. So, let us help you draft the best arrangements that tailor to their best interests.
Our fixed-free pricing gives all our clients a clear sense of the cost right from the get-go. Our dedicated lawyers will strive to reach desired outcomes, ensuring that your matter is solved efficiently.
Contact us today to gain market-leading legal advice in a friendly atmosphere.
