ISS AUSTRALIA Rosa Saladino ISS Australia Legal Services

ISSUES ARISING FROM THE IMPLEMENTATION OF THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION

ISS AUSTRALIA’S ROLE providing legal services since advice to parents whose children have been wrongly removed from Australia or retained overseas assistance to prepare documents seeking return or access where the child is in a Hague Convention country.

ISS Statistics CASE WORK 29cases in the first 6 months of operation 72 in 2014/15 financial year. ADVICE LINE advice to 465 people in the 2014/15 financial year NUMBER OF LAWYERS 2.8

Rationale of the Convention to prevent “the use of force to establish artificial jurisdictional links on an international level with a view to obtaining custody of a child” (Perez Vera Report para 11)

Preamble Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence as well as to secure protection for rights of access.

Factors in the applicant education and experience case 1 The applicant was tertiary educated and had a responsible job. He was able to quickly find out about the Hague Convention; locate the appropriate organisation to assist him and make contact immediately. case 2 The applicant was 16 years old unemployed and living with her grandparents. She had a very hazy idea of how to get legal advice and eventually heard about the Hague Convention from her grandmother who had been discussing her situation with a neighbour. She was then referred to ISS Australia by the local Community Legal Centre.

Factors in the applicant physical location case 1 the applicant lived in Sydney and was able to attend the ISS Australia office where instructions were taken and the documents drafted on the day of his attendance. case 2 the applicant lived in a remote country town, had insufficient funds to keep her mobile phone in credit and had an unstable housing situation.

Factors in the system Physical factors case 1 the Applicant was able to give clear detailed instructions in a face to face situation case 2 the applicant was often unable to be contacted and when contacted was limited by the circumstances she found her self in often at home or in public places with other people around

Factors in the system Legal Factors case 1 the documents forwarded immediately to the lawyer who would be arguing the case. direct contact between lawyer in UK and parent in Australia. case 2 CA became involved in the documents no direct contact between the lawyer in NZ and the parent in Australia.

Article 8 Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.

Article 8 cont. The application shall contain - a) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child; b) where available, the date of birth of the child; c) the grounds on which the applicant's claim for return of the child is based; d) all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be

Article 8 cont. The application may be accompanied or supplemented by - e) an authenticated copy of any relevant decision or agreement; f) a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State; g) any other relevant document

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