Wong on Family Law

Select topics on Family Law in Australia -- International Abductions & Recovery Orders

Work-in-progress, August 2025 (last updated). Do not Cite.

[A] Recovery of Children - International Abductions

Enforcement of Orders - Recovery

• Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children. Query whether that convention remains in force between that overseas country and Australia, whether incorporated into the FLA  via Family Law (Child Protection Convention) Regulations 2003 or subsequent regulations.

> Art 23, 26(2).

• Nicoli & Jeryn [2022] FedCFamC1F 42, [71] et seq -- Russia

Recovery from Australia to foreign jurisdiction

• Singapore, application refused - domestic violence against Mother - Discretion to return not exercised: Halmi & Halmi [2025] FedCFamC1F 551. 

[B] Recovery of Children - Within Australia

• Recovery Order: sections 67U, 67Q, Family Law Act 1975 (Cth). 

• Location Order: section 67N, Family Law Act 1975 (Cth): 

> directed to Centrelink, for example with s 67P leave to disclose.

© Jing Zhi Wong, 2023-2025