Parental Child Abduction

Lawyers Sydney


Parental Child Abduction Lawyers Sydney

Michael Conley Lawyers are experienced parental child abduction lawyers in Sydney supporting our clients experiencing parental child abduction with a range of family law services.

Our team has extensive expertise in family law matters, with decades of experience to assist you and your family quickly and efficiently. Using our knowledge of family law (child abduction convention) regulations (1986) and child abductions, as well as our experience in mediation and negotiation, our expert legal team will guide you throughout the process. Together we’ll navigate this incredibly difficult time to secure the future of your family.

The Benefits of Working with Child Abduction Lawyers

Working with an experienced child abduction lawyer, you can benefit from both the expert knowledge and the extensive legal experience our legal team has in family law and both domestic and international child abduction. When dealing with a crime as serious as a parent taking a child without permission, you will want to have the best representation available to you.

As specialist family lawyers, we take a collaborative approach, working with our clients to understand their needs throughout this challenging process. Our objective is focused on the big picture: to secure the best possible outcome for your family by providing quality family law services.

Our Approach

as Child Abduction Lawyers

Michael Conley Lawyers support our clients with a diverse team of family lawyers, who prioritise the needs of your family for the best possible resolution, including barristers, partners, senior associates, paralegals, administrative staff, forensic accountants, counsellors, trained mediators and arbitrators.

Our diverse team of child abduction lawyers work together in a holistic approach to every case. Our goal is to assist you to minimise the financial and emotional cost of this difficult situation.

We understand how important communication and a prompt response is during these stressful times, which is why our team prioritises communication to ensure you know what is involved at each stage of the process. You are able to start court proceedings with confidence and always know what’s happening with your case. We always reply to your calls and emails, and we’ll never ask you to call back later.

Want to know more about engaging family lawyers?

Book a 15-minute FREE consultation to discuss your needs and arrange a meeting with one of our family lawyers.

Child Abduction Lawyer FAQs

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.