The story of an Australian woman who attempted to remove her children from Lebanon with a news crew tagging along has made headlines in Australia and abroad. Love is a wonderful thing, but when relationships end and the other partner moves back to their home country, there can be trouble when it comes to custody disputes. The current situation of Sally Faulkner could have been resolved months ago if she had registered the custody agreement in the country her husband returned to. So, when you are traveling down a similar path, there are important things you should know.
Custody agreements can get emotional and heated when two parties can't reach an agreement. However, when it comes to the custody of children who have two parents living in different countries, you don't want to leave anything to chance.
The fact of the matter is that even though you have a finalized binding custody agreement that has been registered with the Australian courts, it may not be recognized in your partner's country if you do not register it in their court system. This does not mean you can't regain access to your children if they are taken to another country, but if the custody agreement is registered in the country where your partner is living, you can get the police and courts help to retake your children rather than having to turn to higher levels of authority. An experienced lawyer can help you understand how to register the ruling in the other country's system.
Registration Of A Custody Agreement Overseas
Once your lawyer has completed the custody agreement in Australia and it has been registered, the next step is to determine if the country where your ex-partner lives is on the list of countries who will recognize an Australian custody agreement registered in their courts. A list of these countries is available as part of the Family Law Regulations 1984 Act.
If the country involved allows an Australian custody agreement to be registered, your lawyer will take the steps necessary for this to be done. Because it involves working with the Registrar of the court where your order was made, it is a process that needs professional legal assistance.
If the country where your ex-partner lives is not one that allows the registration of Australian custody orders, then if you do end up in an international custody dispute where your children have been removed from Australia without consent, the next step is not to try and recover them yourselves. Instead, you and your lawyer should work with the Attorney-General's office to get your child returned under the Hague Convention Treaty, which is a treaty that covers the return of children who are abducted and taken away from their home country. This is a legal due-process way of getting your kids back and not one that will land you in jail.
For more information, contact experienced family lawyers in your area.Share