The 1980 Hague Convention on the Civil Aspects of International Child Abduction (the 1980 Hague Convention) exists to assist parents seek the return of their child, when that child has been removed from or kept outside of Australia without their permission.  

Parents can make a return application under the 1980 Hague Convention, if the child is in a country that has agreed to be bound by the 1980 Hague Convention and the 1980 Hague Convention is ‘in-force’ between Australia and the overseas country.  

For the 1980 Hague Convention to be ‘in-force’ between Australia and the overseas country, the overseas country must first accede to the Convention (that is, agree to be bound by it) and Australia must then accept that country.

Australia has not accepted all the other countries that have agreed to be bound by the 1980 Hague Convention. For example, although Jamaica, the Philippines and Pakistan have all agreed to be bound by the 1980 Hague Convention, the 1980 Hague Convention is not in force between Australia and those countries because the Australian Government has not accepted them.

ISS Australia’s Legal Service can help you to figure out whether the 1980 Hague Convention is in-force between Australia and the country where your child is staying.  

For legal advice or assistance on anything that you have read in this article, please call our Legal Service on 1300 647 843 (dial 1), complete our interactive intake form or email legal@iss.org.au.