Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Application materials

Application for the Return of a Child

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If you wish to prepare your own application to obtain the return of a child under the Hague Convention you should use Form 1 Application for the Return of a Child. This is a standard form used by most Convention countries. You must complete all sections and return a signed copy to the Australian Central Authority in your nearest capital city for checking. If you do not know the information required, put 'Not Known.' If you require some assistance in completing the form, ring the International Family Law Unit on 1800 100 480 (toll free).

SOME POINTS TO TAKE INTO ACCOUNT IN COMPLETING THE APPLICATION FORM

Requesting Central Authority or Applicant

Insert 'Australia.'

Requested Authority

Insert the name of the Convention country to which the child has been taken.

Part IV - Time, place, date and circumstances of the wrongful removal or retention

1. Did the person who removed or retained the child tell you in advance that he/she would be removing/retaining the child?

2. Did you have any other advance warning of the removal or retention?

3. Did you sign applications for passports or visas for the child?

4. Has the person who removed or retained the child contacted you since the date of removal or retention?

5. Has the person who removed or retained the child told you anything about his or her future intentions to return?

Part V- Factual or legal grounds justifying the request

Include here brief information to satisfy the essential requirements of the Convention (see Information for Parents).

Habitual residence

Has the child always lived in Australia? Give details of any periods of time when the child or parents lived outside Australia.

Rights of custody

The Family Law Act 1975 gives both parents in Australia parental responsibility for their children. This amounts to a 'right of custody' for the Convention. Have there been any court orders made affecting your rights (eg custody orders, guardianship orders, access orders, residence orders, contact orders, specific issues orders)? Was there any agreement between you and the abductor in relation to these matters? Attach copies.

Exercising rights of custody

Consent or acquiescence

Part VI - Civil proceedings in progress

Include information on any family law proceedings in progress in Australia.

Part VII - Child is to be returned to

In most Hague Abduction cases the child is returned to Australia in the custody of the person who removed or retained the child overseas. However if the child was in your day to day care prior to removal or retention, you should indicate that the child should be returned to your custody.  Indicate whether the person who removed or retained the child overseas has airline tickets or the funds to pay return airfares for himself/herself and the child. If that person does not have tickets/funds, indicate if you have the funds, if you will be seeking a grant of financial assistance or what arrangements you can make for the return of the child/children.

Part VIII - Other Remarks

If you have any reason to suspect that the person who removed or retained the child overseas might disappear with the child once he or she is aware of your application, you should detail the grounds for your fears (eg previous threats to go into hiding).

Part IX - List of attached documents

If your rights of custody depend on a court order or agreement, attach a copy of the order or agreement.

Certain countries require specific documents or information and if this is not provided with your application, you will be contacted by the caseworker in the International Family Law Unit.
 
OTHER RELEVANT INFORMATION TO INCLUDE IN AN AFFIDAVIT WITH YOUR APPLICATION

Additional information to support your case should be included in an affidavit with the application.  It is helpful to the foreign court to understand the background of the case, for example, with information about:

Your relationship with the abductor

Record when it started and ended.

If you separated prior to the removal or retention, briefly describe the circumstances.

Harm

Is there any ground upon which the removing or retaining parent might argue that the child would be exposed on return to Australia to physical or psychological harm or otherwise be put in an intolerable situation?

Settlement in a new environment overseas

If the child was removed or retained more than 12 months ago, you must explain the reason for the delay in making the application.

If the person who removed or retained the child can prove that the child has now settled in his or her new environment, the court is not required to return the child, although in some cases it will still do so.

Contact with a Child

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If you wish to prepare your own application for contact with a child under the Hague Convention, you should use Form 3 Application for Access to a Child. This is a standard form used by most Convention countries. You must complete all sections. If you do not know the information required, put 'Not Known.' If you require some assistance in completing the form, ring the International Family Law Unit on 1800 100 480 (toll free).

SOME POINTS TO TAKE INTO ACCOUNT IN COMPLETING THIS FORM

Requesting Central Authority or Applicant

Insert 'Australia.'

Requested Authority

Insert the name of the Convention country where child is living.

Part IV - Circumstances relating to the prevention or exercise of rights of access

Have you attempted to obtain contact with the child in the past?

What response was given to your previous requests for access?

What difficulties have you encountered in organising or exercising access?

Part V- Factual or legal grounds justifying the request

Include information on the following matters (if you wish you can attach a separate document or affidavit to the application):

Legal grounds

State the legal basis for your access application. For example, do you have a contact or access order from a court?  Do you have a legal agreement for contact? Attach a copy.

Legal proceedings

Have there been legal proceedings in the past relating to parental responsibility, custody or access? If so, briefly describe what happened and attach a copy of any court order or agreement concerning custody or access to the child.

History of relationship

Give a brief description of the relationship between the child's parents. If the parents separated, briefly describe the circumstances. If the other parent has prevented your contact with the child, describe the circumstances.

Part VI - Civil proceedings in progress

Include information on any court proceedings in progress in Australia or overseas.

Part VI - Proposed arrangements for access

Describe the arrangements for contact you are seeking, such as:

Indicate whether you have funds to pay return airfares for the child to visit you (and a companion if the child is too young to travel alone).

Application for Financial Assistance

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The Overseas Custody (Child Removal) Scheme is a non statutory scheme under which the Legal Assistance Branch of the Attorney-General's Department may grant financial assistance to a person ordinarily resident in Australia for their overseas legal costs, travel costs and other expenses for recovering a child removed from or detained outside Australia by another person. Limited assistance may also be available for the costs of locating a child overseas.

The grant is means-tested and the applicant must show that he or she has reasonable prospects of success in having the child returned to Australia. 

The Scheme does not provide for legal costs incurred in Australia with respect to the overseas proceedings or the preparation of an application for financial assistance under the Scheme, or a Hague Convention application. However, you may be eligible for assistance from your local State or Territory legal aid authority for those costs.
 
SOME POINTS TO TAKE INTO ACCOUNT IN COMPLETING THIS FORM

Part D Questions 1, 2, 3, 7

If you are seeking the return of a child in a Hague Convention country, you can simply refer to your Hague application in answering these questions.

Part D Question 4, 5 and 6

These questions are not applicable under the Overseas Custody (Child Removal) Scheme, therefore you should write 'not applicable' to each question.

If you choose to travel overseas before your application for financial assistance is determined, your application can be considered retrospectively, but you will not be put in a better position than if the application had been determined before you left. You should therefore bear in mind the strict requirement to minimise costs, keep receipts, and demonstrate that all travel and other expenses were essential.

All Court Forms

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The forms included here are taken from Schedule 3 of the Family Law (Child Abduction Convention) Regulations. These particular forms are only used in legal proceedings in Australia.
 
If you are a self-represented litigant, opposing an application by the State Central Authority for the return of a child, you would have to use Form 2A.
 
If you are a self-represented litigant, opposing an application by the State Central Authority for contact with a child, you would have to use Form 4A. 
 
| Form 1 | Form 2 | Form 2A | Form 2B | Form 2C | Form 3 | Form 4 | Form 4A | Form 4B |

Form 1

Application in accordance with the Hague Convention on the Civil aspects of International Child Abduction for the return of a child abducted from Australia (subregulation 11(2))

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  • Form 1 - Application for the Return of a Child - Word 63KB
  • Form 1 - Application for the Return of a Child - PDF 12KB

    • This form is used when making an application for the return of a child to Australia. Instructions for completing the form are found in Instructions for Completing an Application for Return of a Child to Australia. 

    Form 2

    Application initiating proceedings (subregulations 14(1) and (2))

    This form is used when commencing or initiating legal proceedings for the return of a child.  It is usually used by the State Central Authority when it applies to the court for an order for the return of a child wrongfully removed to or retained in Australia. 

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    Form 2A

    Answer/*and Cross Application (subregulation 14(3))

    This form is used by the respondent (the taking parent in Australia) or his/her solicitor to answer the application of the State Central Authority initiating legal proceedings for the return of a child.

    A self-represented litigant in Australia, opposing an application by the State Central Authority for the return of a child to a country overseas, would have to use this form.

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    Form 2B

    Reply to Answer/*and Cross Application (subregulation 14(3))

    This form is used by the State Central Authority when it responds to the documents filed by the respondent (the taking parent in Australia) under Form 2A opposing the return of the child.

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    Form 2C

    Warrant for the Apprehension or Detention of a Child (subregulations 14(4) and 25(9))

    This form is used by the State Central Authority when it needs a warrant to take the child into police custody. 

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    Form 3

    Application for Rights of Access in accordance with the Hague Convention on the Civil Aspects of International Child Abduction (subregulation 24(3))

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  • Form 3 - Application for Access to a Child - Word 58KB
  • Form 3 - Application for Access to a Child - PDF 12KB

    • This is the form to be used when making an application for contact with a child.  Instructions for completing the form are found in Instructions for Completing an Application for Contact with a Child. 

    Form 4

    Application initiating Proceedings (subregulation 25(2))

    This form is used when commencing or initiating legal proceedings for contact with a child in Australia.  It is used by the State Central Authority when it applies to the court on behalf of a parent in another convention country for an order for contact with a child in Australia.

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    Form 4A

    Answer/*and Cross Application (subregulation 25(5))

    This form is used by the respondent (the resident parent in Australia) or his/her solicitor to answer the application of the State Central Authority initiating legal proceedings for contact with a child.  In this form, the respondent will give his or her proposals for contact or oppose any contact with the child.

    A self-represented litigant in Australia, opposing an application by the State Central Authority for contact with a child in Australia, would have to use Form 4A. 

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    Form 4B

    Reply to answer/*and Cross application (subregulation 25(5))

    This form is used by the State Central Authority when it responds to the documents filed by the respondent (the resident parent in Australia) under Form 4A.

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