Most of us have been following the story of Sally Faulkner and her unsuccessful attempt to recover her children from Lebanon (where they were in the care of their father) and return them to Australia.  This was a dramatic situation and there are conflicting views as to whether the actions taken by Ms Faulkner and the children’s father were appropriate, let alone the actions of the 60 Minutes film crew and the private child recovery agents.  Was it appropriate for the father to take the children to Lebanon?  Was it appropriate for him to keep them there?  And could Ms Faulkner have gone about trying to get her children back differently?

These questions aside, how does this situation affect the rest of us?

After the failed “recovery” attempt, the media was quick to point out that Lebanon is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.  The Hague Convention establishes a framework where member states (countries) can secure the return of children who have been wrongfully removed from their home country (described as “habitual residence”).  In legal terms, the Convention provides a mechanism for enforcing a parenting or custody order made by one state in any other member state.

The effect of the Convention is that if the child’s habitual residence and the destination country are both signatories, then a situation such as Mr Faulkner’s need never happen.  Unfortunately, six out of the top 10 countries of origin for immigrants to Australia are not members of the Convention – these are India, China, the Philippines, Pakistan, Vietnam and Malaysia.

If you or the other parent are from a non-Hague country, this could create difficulties if you or the other parent wish to visit or return to that country with the children.  You may trust that the other parent will bring the children back to Australia – but what if the parenting relationship is strained and you become concerned that the children will not return?

Even if your spouse or partner is not from a non-Hague country, overseas holidays can still be an issue.  Popular destinations such as Indonesia (Bali), Fiji, Vanuatu and Thailand are not member states.

Whilst it is less likely that the other parent will take a perpetual holiday or relocate to one of these destinations, overseas travel is still a major concern for many of our parenting clients.

What can you do?  In our parenting matters, we pay close attention to the overseas travel issue.  In most cases, it is sufficient for the Consent Orders or Parenting Plan to set out a process for the parents to follow before they take their child or children overseas – this includes providing sufficient notice of the intended travel, providing copies of return airline tickets, and setting out an itinerary that includes contact details.  In other cases, a more stringent approach is required – this can include the payment of a bond (which is refunded upon the return of the child), placing a charge over property, and other conditions.  In some cases, it may be appropriate to ban all overseas travel until the child or children reach a certain age.

At Fox & Staniland, we can assess your situation and advise you as to how you can best manage overseas travel and if required the temporary or international relocation of your children.