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  • Writer's pictureEvan Sarinas

Case Study: Children's Orders - Relocation of Children

We acted for a distressed father whose children were taken by the mother to another country, on the pretext of taking a holiday.

The mother effectively kidnapped the children.

The children were Australian citizens and had an established schooling, sporting and home life in Australia. The children did not speak the language or know the customs and lifestyle of the foreign country.

The distressed father came to us for advice.

We immediately commenced court proceedings for the recovery of the children back to Australia.

The difficulty was that the foreign country was not a signatory to the Hague Convention.

In the result we secured court orders that the father have sole parental responsibility for both children, that they live with the father and that the mother return the remaining sibling to Australia, reuniting them together.

The Australian Federal Police were also directed to put the children on a watchlist for departure and arrival in Australia.

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