Abduction is the act of seizing or taking another person away from their home or primary residence without their consent or the consent of their legal guardian.

Parental abduction refers to one parent taking, keeping or hiding a child from the other parent and denying the other parent their parental rights. In the event of parental abduction, it is common for other family members to assist the abducting parent in removing or concealing the child from the other parent as well.

According to the Family Law Act (1975), parental child abduction is a criminal offence as long as there are orders in place or court proceedings in progress in relation to the child.

According to the Family Law Act (1975), parental child abduction as an offence carries a maximum penalty of three years in prison.

Whether or not one parent can take a child interstate depends on whether there are court orders in place or not.

Without court orders to determine the habitual residence of the child and the times week-to-week and over the year they are to reside at each parents residence, there is nothing stopping either parent from taking a child interstate for a holiday.

However, if there is a court order in place, this may prevent children from leaving a particular state or territory for any reason.

If you believe you are in need of court orders or that a parent or individuals with parental responsibility may be in breach of court orders, you should seek urgent legal advice immediately. Book a 15 min consultation about your parental arrangements today.

To establish a parent has committed parental child abduction, the prosecution must prove beyond reasonable doubt that the parent in question has:

• Taken or detained the child/children
• Taken or detained the child/children without the other parent’s permission
• Committed the offence to hold the other parent to ransom, or commit a serious indictable offence, or obtain any other advantage.

Parental child abduction occurs most commonly when the parents separate or begin divorce proceedings.

The Hague Convention on the Civil Aspects of International Child Abduction is the main international agreement that covers international child abduction by a parent. The convention covers a range of child abduction matters, including when a child is abducted overseas, and provides a process through which a parent can seek to have their child returned to their country of habitual residence.

The Australian government has signed the agreement, making Australia a convention country among 101 countries in total. Other Hague Convention countries includes all EU member nations.

The purpose of the Hague Convention is to provide protection to children and families affected by international parental child abduction and provide them with legal assistance. The convention encourages the prompt return of abducted children to their home country and to enforce the rights of access to a child.

Most family lawyers have an hourly rate, depending on their experience rates can range between $100 to $450 per hour. The end cost can vary significantly from case-to-case and is difficult to

estimate, as it depends on the complexities of your family dynamics. Seek legal advice from leading family lawyers in Sydney, book a FREE 15 minute consultation.