What the Law Calls “Wrongful Removal or Retention”

Under Part VII of the Family Law Act it is unlawful for anyone to remove, hide or detain a child in a way that frustrates another person’s parental responsibility. Key provisions include:

• Location Orders – ss 67J–67N: compel people or agencies (for example, Centrelink, airlines) to reveal where the child is.
• Recovery Orders – ss 67Q–67W: authorise police to find, seize and return the child.
• Family Law Watch-List – s 65Z(3): allows the Australian Federal Police (AFP) to alert all airports and prevent a child leaving Australia.
• Criminal offence – s 65Y: it is a crime to take a child overseas in breach of a parenting order.
• Hague Convention – s 111B: enables rapid applications to foreign courts for return of a child wrongfully taken to, or kept in, another Convention country.

All orders are made with the child’s best interests as the paramount consideration (s 60CA).

Domestic Abduction – Act Fast, Act Locally

If the other parent has disappeared with your child inside Australia, we can:

1. File urgent court     material the same day, seeking location and recovery orders.
2. Ask the court to sit ex parte (without notice) if warning the other parent could place your child at greater risk.
3. Work with the AFP or State police to execute recovery orders, including searching properties and stopping vehicles.

Because recovery orders are enforceable nationwide, police anywhere in Australia can intervene as soon as the orders are sealed.

International Abduction – the Hague Pathway

When a child is taken to a Hague Convention country, the Attorney-General’s Central Authority and our lawyers collaborate to lodge a return application overseas. Strict deadlines apply: within 12 months of removal in most cases, and sometimes sooner.

If the child is taken to a non-Convention country, we can still:

• Apply for injunctions under s 114 to freeze assets or restrain the abducting parent.
• Liaise with the AFP for  Interpol notices and border alerts.
• Seek orders compelling relatives or associates to provide information.

Immediate Steps you Should Take

1. Gather information – travel plans, passports, last-known addresses.
2. Contact a specialist family lawyer immediately – delays make recovery harder.
3. File for watch-list orders – the AFP can stop a child leaving the country within hours.
4. Preserve evidence – emails, texts, social-media posts may prove vital.

Why Parents Choose Stanley & Co Lawyers

• Specialist expertise – we practise family law every day and understand the nuances of Part VII and international conventions.
• Rapid response – our team drafts, files and appears for urgent orders within hours, often the same day you call.
• Nationwide reach – we brief trusted agents in every State and Territory.
• Global connections –  we work closely with the Commonwealth Central Authority and respected counsel in overseas jurisdictions.
• Holistic support – we liaise with child psychologists and social services to ensure your child’s welfare before, during and after recovery.
• Transparent costs –  urgent cases often justify a court order that the abducting parent pays your costs (s 117(2)). At your first meeting we give you clear, written fee estimates.

Do I Have to Wait a set Period Before Applying?‍

No. You may seek location and recovery orders the moment your child is taken.

What if I Don’t Know Where my Child is?

A location order can force government agencies or third parties to provide address, flight or welfare information.

Can I Hide my Address if I Fear Violence?

Yes. The court can suppress identifying details and use pseudonyms under Part XIA.

My Child’s Passport is Already Gone – is it Too Late?

Not necessarily. A watch-list order can still stop departure until check-in closes. Even if the flight has left, swift Hague action can secure a return.