On the pretext of taking a holiday, the mother took her two young children to another country to visit family.
However the mother decided to remain in the other country and not return the children. The father’s consent to the holiday was obtained by deceit.
The mother effectively kidnapped the children.
The children were Australian citizens and had 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 company was not a signatory to the Hague Convention.
The proceedings we commenced pressured the mother to return one of the children to Australia.
However the mother retained the other sibling in the foreign company as a “bargaining chip” for property settlement.
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.
The Australian Federal Police were also directed to put the children on a watchlist for departure and arrival in Australia.
This publication is intended as general information only and not specific legal advice. All liability is specifically disclaimed for reliance on same. Seek professional legal advice.
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