While that may be true, consent is an important part of our family law system including travelling with children overseas. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) is a multinational treaty protecting children from the harmful effects of abduction across international borders. If a child is removed from the country without the consent of a parent, then depending on the destination country, an Application can be made under the Hague Convention for the child to be returned.
There are principles that apply to Hague Convention matters, but the general principle that the interest of a child are of the paramount consideration, remains relevant. The issue of family violence, wishes and time spent in the destination country, are all relevant considerations to a Court on the return of a child pursuant to the Convention.
Real issues arise in the event that children are permitted to travel or are taken to countries that are not signatory to the Hague Convention.
As specialist family lawyers we can advise on all matters relevant to the issue of international travel and proceedings under the Convention.
If you would like to have a confidential chat with us, please contact Caitlin Lloyd on 02 9211 9976 or email us at mail@tiyce.com.
