Domestic, Family Violence To Be Taken In Account Under Child Abduction Law Changes

The Federal Government has announced it will amend law to make it clear allegations of domestic violence can be considered before return orders are made for international children.

Australia currently is a part of the Hague Convention - an international agreement between dozens of countries designed to respond to cases where a child has been taken by one of their parents internationally without the consent of the other parent.

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However, some legal experts and victims of domestic violence who have been caught up in legal matters warned Australian courts are sending women and their children back to a domestic violent home.

Respecting its obligation under the Hague Convention, Attorney General Mark Dreyfus agreed to amend the law to make it clear that allegations of family and domestic violence can be considered before Australian judges' issue orders for children to be returned home.

“Australia fully respects our international obligations under the Hague convention,” he said.

“These regulations affirm that protection from family and domestic violence is an important consideration in proceedings.

“The amendments demonstrate the Albanese government’s commitment to an effective, accessible, fair and safe family law system that supports victim-survivors of family and domestic violence.”

Under the Hague Convention, a request for a child’s return can be rejected if a court decided the child would face a “grave risk of harm” or be put in an “intolerable situation”.

If you, or anyone you know needs help with domestic and/or family violence, there are many resources available:

1800 RESPECT: 1800 737 732
Lifeline: 13 11 14
Beyond Blue: 1300 22 4636
Kids Helpline: 1800 55 1800
If you are in need of immediate assistance, call Triple Zero (000)

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