Frequently asked questions.

Who can make an application under the Hague Convention?

An application can be made by a parent or guardian seeking the return of a child who has been wrongfully taken to, or kept in, another Convention country. In Australia, applications are lodged with the Australian Central Authority (part of the Attorney-General’s Department).

Many people seek assistance from a lawyer experienced in Hague Convention matters to prepare this application to give it the best chance of being accepted.

What happens if my child has been brought to Australia without my consent?

If you live in a country that is a signatory to the Hague Convention, you can request the return of your child through your country’s Central Authority.

The request will be sent to the Australian Central Authority, which will initiate court proceedings in the Federal Circuit and Family Court of Australia to determine whether the child should be returned to their country of habitual residence.

Are there any defences to a Hague Convention return application?

Yes. While the Convention generally requires the prompt return of a child, there are limited exceptions. These include:

  • The left-behind parent consented to or later agreed to the child’s removal or retention;

  • The child is now settled in their new environment, and more than 12 months have passed;

  • A grave risk exists that returning the child would expose them to physical or psychological harm;

  • The child is old enough and has expressed a strong objection to returning.
    Courts apply these exceptions narrowly, so legal advice is essential.

How long does a Hague Convention case take in Australia?

The Hague Convention emphasises speed. The Federal Circuit and Family Court of Australia aims to resolve cases within a couple of months of proceedings commencing. However, the timeline can vary depending on the complexity of the case, court availability, and whether defences are raised.

Do I need a lawyer for Hague Convention proceedings?

Hague Convention matters are complex and time-sensitive. We generally:

  • Prepare and lodge your application to the Central Authority or your response;

  • Represent you in court;

  • Advise, and gather relevant evidence and advise on potential defences;

  • Liaise with the Central Authority on your behalf.

How many countries is the Hague Convention in force with Australia?

Currently there are over 80 where the Hague Convention is in force between Australia and the other countries.

You can view the list here.