Courts told to consider family and domestic violence threat in Hague Convention cases

article-body

Australian courts will now consider allegations of family and domestic violence before making return orders that will compel the return of children in family law matters under the Hague Convention.

On Monday, attorney-general Mark Dreyfus confirmed legislation had been amended so that courts would need to be satisfied the threat of violence did not pose a ‘grave risk’.

“The Family Law (Child Abduction Convention) Amendment (Family Violence) Regulations 2022 provide additional safeguards to parents and children fleeing family and domestic violence when Australian courts consider cases brought under the Hague Convention on the Civil Aspects of International Child Abduction,” Dreyfus said.

“A court does not need to be satisfied that such violence has occurred or will occur before it is taken into account,” he added.

Australia is a signatory to the multilateral treaty with 90 other nations. The convention provides a lawful procedure for the return of abducted children to their country of origin.

A team in Dreyfus’ department known as the Australian Central Authority is responsible for administering the convention concerning the civil aspects of child abduction and assisting with matters concerning jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility, as well as measures for the protection of children (the Child Protection Convention).

The authority also helps parents make contact or get access to their children overseas. While specific legal advice to parties cannot be provided by the authority, those with general questions about the Hague Conventions, the process for making an application to have a child returned to Australia, access application or court order registration application should contact the department.

The Australian government’s latest reforms clarify two key things: conditions can be included on a return order to protect a child from exposure to family and domestic violence even if the court is not satisfied that such violence has occurred or will occur, and proposed conditions put forward by a party in a proceeding must be considered by the courts.

“The amendments demonstrate the government’s commitment to an effective, accessible, fair and safe family law system that supports victim-survivors of family and domestic violence,” Dreyfus said.

“Australia fully respects our international obligations under the Hague Convention. These regulations affirm that protection from family and domestic violence is an important consideration in proceedings.”

The A-G added that he looked forward to working with stakeholders on further measures to improve the safety of women and children in Convention cases.

If you or someone you know is impacted by family, domestic or sexual violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au