NSW Overseas Orders/Laws

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Greycat

Active Member
22 May 2017
6
0
31
Last year my 9 year old's Mum moved to England leaving her in my care. I am currently in the process of working out orders as we plan to have her visit her Mum in a few months. Her Mum has expressed little interest in the past in having her live with her but I am still a bit worried she may have a change of heart and try to keep her.

I recently met with a lawyer who gave me different advice from advice I received from a family law specialist I met up with previously and now I am left confused.

If we have orders in place that state my daughter lives with me, is there anyway her Mum can just decide to keep her once she is with her?

The first Lawyer said no way, not under any circumstances. The child would be sent back and that to get custody Mum would have to come back to Australia to open a case (could she do this while overseas with a lawyer or does she actually have to come back?)

The second Lawyer said she could decide to keep her saying that she signed the orders under pressure or cohersion to get to see the child (even though I have been trying to get to engage with this process since before she left and she has refused). Or maybe she could do so or try another tactic saying she thinks the child is not safe with me and my partner as an excuse to try to keep her longer and open up a case overseas. (The child is in no danger but I am ashamed to say that me and my partner have had bad arguments in the past that my daughter has heard or seen, no violence or abuse but yelling and swearing at times. I know her Mum has mined my daughter for information heaps and maybe this could be used as an excuse to keep her especially if my daughter has expressed upset by it in the past?) (Please don't judge we have been working really hard to improve this and make a happy home for my daughter)

So how does it work? Are there circumstances where a parent can get away with keeping a child who has gone to visit them overseas? How does the process work? Are there and online resources that adress this issue?

Thank you in advance.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
ok so bits of paper are just that - bits of paper... They can't force mum to put the kid back on the plane. So IF mum chose to keep the kid you would have a very complex situation on your hands.

You would have to apply to court in Australia for recovery orders... The ex could claim that there is abuse or what ever and that would have to be tested and if found then that could be grounds for changing parenting.. Also once a child is 12 the Australian legal system grants their opinion some weight - doesn't mean the kid gets to decide.

So my concerns - she keeps the kid... You're gonna spend 10s of thousands of $$$ to get the kid back..
BUT - as you said, mum has clearly never really shown any desire to have the kid with her.. I live in a kinda similar world... Kids visit their mum a few times a year but she lives in Australia. So every time they go I worry she will not return them... I should not worry but I do...

So what if... Well you go see solicitor, solicitor will file urgent recovery orders, that will take a few weeks to get to a magistrate and recovery orders are likely to be granted... The Hague convention on the rights of the child would mean that the Australian govt would liase with English agencies to organise for the child to be picked up. That is it in theory - BUT if the ex responds to your recovery order application claiming abuse or some other stuff - then thing get really really complex and it would require a family law specialist NOT just a rogue punter on a site like this.

Mate send the kid unless you are really really confident mum wont return the child. It is reasonable to have some anxiety... But the fact is your ex will be opening up a huge can of worms and legal advice at her end should tell her that it is a very very bad idea to keep the kid
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
I don't think any lawyer can tell you there is no way your ex can keep the kid. Court orders or not, many just do that. But that's no reason to not let the child visit. England is a Hague Convention country so if in the very odd chance she does, you can get her back.