Fleeing family violence to another country and taking your child is not ‘abduction’, but that’s how the law sees it

Fiona (not her real name) came to Australia from New Zealand as a 19-year-old backpacker. Here, she met a man, got married and had two boys. The domestic violence began after her first son’s birth, and Fiona endured it for several years.

In 2017, when her children were eight and ten, Fiona summoned the strength to leave her husband. Not being an Australian citizen, she found she wasn’t eligible for government assistance, so Fiona fled back to New Zealand seeking protection and support.

Her husband immediately acted to have the children returned to Australia and, being a citizen, received free legal assistance from the government. Fiona was ordered to return her children to Australia.

This happened because under international law, Fiona’s case is considered one of “child abduction”. Under the Hague Convention on the Civil Aspects of International Child Abduction 1980, a child is considered “abducted” if he or she is removed by one parent without the other parent’s consent.

Read more >