The changes in the Family Law Amendment Act 2023 include new laws about what...
The 1980 Hague Convention on the Civil Aspects of International Child Abduction
Do you know that it does not apply to children aged 16 or over
In Vrabcova & Vrabcova [2024] FedCFamC1F 798, the Federal Circuit and Family Court of Australia heard a matter where:
- The Mother: Sought orders to travel with their child, X, to the USA during January 2025, including an intention to visit schools in the USA.
- The Father: Opposed this travel without the payment of a security deposit by the mother and also sought injunctive orders to prevent the mother from facilitating school visits for X in the USA.
The father sought to impose restrictions, including the fact that the child would soon turn 16, thereby losing the “remedy” provided by the Hague Convention.
He argued that the Mother’s refusal to pay a security deposit of $5 million and her intent to visit schools in the USA indicated an attempt to predetermine the outcome of the proceedings.
Court’s Decision:
However, despite the father’s objections, the Mother was permitted to travel to the USA with X without paying the security deposit.
The Vrabcova & Vrabcova case illustrates that the Hague Convention does not apply to children aged 16 or over.