Protecting victims of family violence, including children, in the family law system: International Child Abduction – Term 1c, 2024

In response to terms of reference endorsed by the Attorney-General, the Council considered how family violence is taken into account by the Australian family court, in cases brought under the Family Law (Child Abduction Convention) Regulations 1986, which implement the Hague Convention on the Civil Aspects of International Child Abduction) (the ‘Hague Convention’). Council's predominant view is that the practices adopted by family law professionals requires review and there is a need for limited legislative amendment to make the convention fit for purpose in the modern environment. The Report also provides guidance on applying the Hague Convention’s Article 13(1)(b) (Regulation 16(3)(b)) 'grave risk of harm' exception. The guide emphasises the importance of early assessment of family violence as a substantial issue prior to considering conditions to be imposed on any return order. This Report was delivered to the Attorney-General on 7 August 2024.