A family lawyer discusses cross-border child custody rights

Family lawyers handle a broad spectrum of legal issues that go beyond divorce. One of the areas they can specialise in is child custody and access, including the wrongful removal of a child as defined by the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). BRYON LEONG and the team at Lander & Rogers in Australia provide more insights on this for Australian expat families in Singapore.

What is the Hague Convention?

The Hague Convention is an agreement between 83 countries, including Australia and Singapore. It seeks to:

• protect children under the age of 16 from international abduction, and
• arrange the prompt return of children who are wrongfully removed from their home country.

If your family spans two countries, such as Singapore and Australia, should a dispute over your child’s location arise, the Hague Convention may shape your parental rights.

International child abduction defined by the Hague Convention:

Removing a child under 16 from, or keeping them out of, their country of habitual residence, is wrongful under the Hague Convention if it breaches custody rights that another person was exercising under that country’s law. This applies even if the removing parent also holds custody rights.

The Hague Convention governs two scenarios:

#1 Wrongful removal: This happens when the child is removed from their country of domicile without the consent of the parent who holds custody rights or court approval.

#2 Wrongful retention: This happens when a child is lawfully taken out of the country of domicile – for example, for a vacation – and isn’t returned home by the agreed time.

What can someone do if they’re seeking their child’s return?

It’s important to act quickly. In Australia, you need to make your application to the court within one year of your child’s removal or retention.

We also recommend obtaining specialist family law advice both in your home country and the country in which your child has been retained.

What about someone who is accused of wrongful removal?

Under Australian law, a removal or retention of a child overseas is only “wrongful” if:

• the other parent held rights of child custody that they were exercising;
• that those rights were breached by the wrongful removal or retention; and
• the child was habitually resident in the other country immediately before the move.

The court must make an order to return the child if all those conditions are met.

What happens when a return order is made?

A return order does not decide where a child will ultimately live. The Hague Convention simply returns the child to the country best placed to determine parenting arrangements. The parent who took the child can then apply to that country’s court for the child’s relocation. If a child is permitted to stay in Australia, the other parent can apply there for parenting orders.

What kind of legal advice can a family lawyer provide in cross-border disputes?

International parenting disputes require specialist cross-jurisdictional advice. If you find yourself in this situation, seek guidance early. Lander & Rogers’ team of international family lawyers have decades of experience assisting clients with complex family law interests. This enables us to provide you with specialist advice to set you and your family on the right path forward.

About Byron and the team of family lawyers at Lander & Rogers

Lander & Rogers is a leading international family law practice in Australia that specialises in global family law matters related to divorce. Byron and the firm’s family lawyers have extensive experience guiding expats with international and cross-cultural family law issues, navigating complex children’s arrangements, child support, financial settlements and binding financial agreements for clients living in Singapore and internationally.

The lawyers are multilingual and are consistently recognised by the international family law community as leaders in the profession, and they strive to bring empathy, structure and reassurance to clients, to ensure they feel supported and in control.

Reach out to Byron at familylawconnect.landers.com.au/new-enquiry to arrange a complimentary and confidential initial call.

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Found this advice from the family law team at Lander & Rogers useful? Read more legal tips on cross-border asset disputes for Australian expats living in Singapore here. Also, don’t miss our Living in Singapore section and our expat’s guide to where to live in Singapore!