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At The Norton Law Group we regularly represent overseas clients, having represented clients based in various countries throughout Asia, Europe and the U.S, not only in Hague Convention applications for the safe return
of children abducted to or from Australia, but also in complex property applications or children related matters.
Not all countries have
signed the Hague Convention, particularly in Asia or the Middle East, and
when courts are considering whether to give permission for an overseas trip, the
Hague status of the destination can be very relevant to the outcome.
The important protection of the Hague Convention is that normally
decisions about the child will be made by the courts of the country of
normal residence. So, for example, if an Australian child, living with the mother in
Australia, is not returned to Australia by, say, an American father
after a holiday in America, the American courts would send the child
back to Australia for our courts to make a decision about changes to
the parenting arrangements.
If a proposed destination is not a
Hague convention country, courts may require some financial security
against the child's return, and if there had been threats to relocate a
child in such a country, permission to travel might well be very hard
to obtain.
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