International Family Law

If taken to a Hague Convention country, we can apply for their immediate return through the Australian Central Authority. For non-Convention countries, different strategies apply and urgent action is critical.

Generally yes, if the divorce was valid under the laws of the country where it was granted. We can help you navigate the recognition process and address any complications.

Australian courts can make orders about overseas assets, but enforcement may require separate proceedings abroad. We work with international counsel to develop practical cross-border settlement strategies.

The Hague Convention on International Child Abduction is an international treaty designed to protect children from abduction and retention across international boundaries.

If there are parenting orders, you generally need the other parent's written consent or a court order. Without orders, both parents have equal responsibility but consent is still recommended.

You can apply to the court for an order requiring them to hand over the passport, or apply for a new passport with court permission.

Yes, if the child is habitually resident in Australia, Australian courts have jurisdiction to make parenting orders even if the other parent lives overseas.

If done without consent or court order, it may constitute international child abduction. Urgent applications can be made for the child's return under the Hague Convention.

Australian courts apply Australian law but may consider overseas religious law as relevant background. Pre-nuptial agreements under religious law are not automatically binding.

Yes, but enforcement can be challenging. Australia has reciprocal enforcement agreements with many countries for maintenance orders.

Australian courts recognise overseas marriages that were valid under the law of the country where they occurred. For details, see the Marriage, families and separation handbook published by the Federal Circuit and Family Court of Australia.

Enforcement depends on whether Australia has a reciprocal agreement with that country. We can advise on registration processes and enforcement strategies.

Overseas agreements may have limited recognition. Australian courts apply their own criteria for binding financial agreements, though overseas agreements may be considered as evidence of intentions.

Risks include losing the protection of Australian courts, difficulty enforcing orders, and potential criminal liability for child abduction. Proper legal advice is essential before any international move.