Parental abduction refers to when one parent takes ... - Publications... · Family law contacts...
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Parental abduction refers to when one parent takes, detains or conceals a child from the other parent What is parental abduction? Parental abduction is a term which refers to when one parent takes, detains, or conceals a child from the other parent. Parental abduction may happen in circumstances where the parents have separated. It is not uncommon for other family members to assist the abducting parent in removing or concealing the child. What do I do if my child has been taken? If your child has been taken by another parent or family member you should consult a legal practitioner for advice. Family law and missing children Family law matters are sensitive and emotional for all involved. Every situation is different and matters are treated on a case–by–case basis. If you would like more information about family law procedures and forms, please visit the family law courts website. In some cases, children who are the subject of custody orders by the Family Court of Australia or the Federal Circuit Court of Australia are taken by a single parent in contravention to the custody ruling. In these circumstances the children may become subject to a recovery order to return the children to the parent or guardian who holds legal custody. Recovery orders A recovery order is an order of the Court that can require a child be returned to a: parent of the child person who has a parenting order that states the child lives with, spends time with or communicates with that person, or person who has parental responsibility for the child. A recovery order can authorise or direct a person or persons, such as police officers, to take appropriate action to find, recover and deliver a child to one of the people listed above. e Family Law Kit on the Australian Federal Police (AFP) website further explains the role of police in family law matters. Publication orders e names and identities of people involved in family law proceedings are restricted under Section 121 of the Family Law Act 1975 (Cth). e Federal Circuit Court and the Family Court of Australia sometimes issue publication orders that lift these restrictions when a child is missing. is is to assist in locating a child who has been involved in family law proceedings and has been taken from their parent (usually by the other parent). Publication orders are issued under s.121 of the Act. e orders can be made on the request of a parent who is seeking public assistance to find their child. What happens when a child is taken overseas? If a child is parentally abducted out of Australia, recovery of the child becomes subject to international laws surrounding child abduction. Visit the Attorney General’s website to view more information on international family law and children. International cases e issue of parentally abducted children is not unique to Australia. e AFP is a member of the Global Missing Children’s Network (GMCN). e GMCN was launched in 1998 by the International Centre of Missing & Exploited Children (ICMEC). e AFP in partnership with ICMEC each year supports International Missing Children’s Day. For more information on missing children internationally, please visit the Help Bring em Home website. Parental abduction and missing children www.missingpersons.gov.au | Freecall 1800 000 634 NMPCCFS_PARENTALABDUCTION_2015 NATIONAL MISSING PERSONS COORDINATION CENTRE FACT SHEET
Transcript of Parental abduction refers to when one parent takes ... - Publications... · Family law contacts...
Parental abduction refers to when one parent takes, detains or conceals a child from the other parent
What is parental abduction?Parental abduction is a term which refers to when one parent takes, detains, or conceals a child from the other parent. Parental abduction may happen in circumstances where the parents have separated. It is not uncommon for other family members to assist the abducting parent in removing or concealing the child.
What do I do if my child has been taken?If your child has been taken by another parent or family member you should consult a legal practitioner for advice.
Family law and missing childrenFamily law matters are sensitive and emotional for all involved. Every situation is different and matters are treated on a case–by–case basis. If you would like more information about family law procedures and forms, please visit the family law courts website.
In some cases, children who are the subject of custody orders by the Family Court of Australia or the Federal Circuit Court of Australia are taken by a single parent in contravention to the custody ruling. In these circumstances the children may become subject to a recovery order to return the children to the parent or guardian who holds legal custody.
Recovery ordersA recovery order is an order of the Court that can require a child be returned to a:
� parent of the child
� person who has a parenting order that states the child lives with, spends time with or communicates with that person, or
� person who has parental responsibility for the child.
A recovery order can authorise or direct a person or persons, such as police officers, to take appropriate action to find, recover and deliver a child to one of the people listed above.
The Family Law Kit on the Australian Federal Police (AFP) website further explains the role of police in family law matters.
Publication ordersThe names and identities of people involved in family law proceedings are restricted under Section 121 of the Family Law Act 1975 (Cth). The Federal Circuit Court and the Family Court of Australia sometimes issue publication orders that lift these restrictions when a child is missing. This is to assist in locating a child who has been involved in family law proceedings and has been taken from their parent (usually by the other parent). Publication orders are issued under s.121 of the Act. The orders can be made on the request of a parent who is seeking public assistance to find their child.
What happens when a child is taken overseas?If a child is parentally abducted out of Australia, recovery of the child becomes subject to international laws surrounding child abduction. Visit the Attorney General’s website to view more information on international family law and children.
International casesThe issue of parentally abducted children is not unique to Australia. The AFP is a member of the Global Missing Children’s Network (GMCN). The GMCN was launched in 1998 by the International Centre of Missing & Exploited Children (ICMEC). The AFP in partnership with ICMEC each year supports International Missing Children’s Day. For more information on missing children internationally, please visit the Help Bring Them Home website.
Parental abduction and missing children
www.missingpersons.gov.au | Freecall 1800 000 634
NM
PCCFS_PAREN
TALA
BDU
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_2015
NATIONAL MISSING PERSONS COORDINATION CENTRE FACT SHEET
www.missingpersons.gov.au | Freecall 1800 000 634
NM
PCCFS_PAREN
TALA
BDU
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_2015
Disclaimer: This factsheet is produced by the National Missing Persons Coordination Centre and is intended to provide general information in summary form on parental abduction and missing children. We have sought to ensure this information is accurate and current at the time of publication. The contents do not constitute legal advice and should not be relied upon as such. You should seek formal legal advice from a legal practitioner in particular matters rather than relying only on the information on this factsheet.
Family law contacts
Family law courts – National enquiry centre (Except WA)
1300 352 000 [email protected] www.familycourt.gov.au
www.federalcircuitcourt.gov.au
Family Court of Western Australia 1800 199 228 [email protected] www.familycourt.wa.gov.au
Legal Aid
In each state and territory, legal aid commissions deliver a range of legal assistance services in criminal, family and civil law matters. Some legal assistance is available free-of-charge, including through brochures, information sessions or telephone legal advice.
ACT 1300 654 314 NSW 1300 888 529NT 1800 019 343QLD 1300 651 188 SA 1300 366 424 TAS 1300 366 611 VIC 1300 792 387WA 1300 650 579
ACT www.legalaidact.org.au NSW www.legalaid.nsw.gov.auNT www.ntlac.nt.gov.auQLD www.legalaid.qld.gov.auSA www.lsc.sa.gov.auTAS www.legalaid.tas.gov.au VIC www.legalaid.vic.gov.auWA www.legalaid.wa.gov.au
Additional contacts
Attorney-General’s Department 1800 100 480 www.ag.gov.au
Department of Foreign Affairs and Trade (DFAT)
1300 555 135 www.dfat.gov.au
Passports Office (DFAT) 131 232 [email protected] www.passports.gov.au
-kitFamily Law Watchlist (AFP)
Recovery orders & arrest warrants (AFP)
02 6126 7777 [email protected]
AFP Family Law Kit www.afp.gov.au/what-we-do/crime-types/family-law-kit
Family Relationships Advice Line 1800 050 321 www.familyrelationships.gov.au
Relationships Australia 1300 364 277 www.relationships.org.au
International Social Service Australia International Parental Child Abduction Legal Assistance Service
1300 657 843 [email protected] www.iss.org.au
National Missing Persons Coordination Centre
1800 000 634 [email protected] www.missingpersons.gov.au/parentalabduction
Help Bring Them Home www.helpbringthemhome.org.au
NATIONAL MISSING PERSONS COORDINATION CENTRE FACT SHEET
