International Child Abduction Respondents Scheme

We may provide funding to eligible parents who are responding to a 1980 Hague Convention on the Civil Aspects of International Child Abduction application for the return of an abducted child made under the Family Law (Child Abduction Convention) Regulations 1986 in an Australian court.

For more information, refer to our International Child Abduction Respondents Scheme fact sheet

You can apply for grants to cover the reasonable costs of a legal practitioner for proceedings under the Regulations to:

• act as your legal representative
• attend mediation with you
• provide you with legal advice.

We may also cover the reasonable costs of disbursements that your legal representative incurs while acting for you or providing legal advice in proceedings under the Regulations. This may include costs for:

• obtaining reports or expert opinions
• documents
• translations
• court fees.

We will not, generally, cover costs incurred before you make an application.

Eligibility

You may be eligible for ICARS if you are:

1. defending or proposing to defend an application filed in an Australian court under the Regulations seeking a return order for a child (or children)
2. appealing or proposing to appeal a return order made by an Australian court under the Regulations, or
3. responding to or proposing to respond to an appeal against a non-return decision made by an Australian court under the Regulations.

You can apply under ICARS for proceedings filed under the Regulations on or after 1 January 2024.

How to apply

1. Download and complete the ICARS application form.
2. Download and complete the Nationally Coordinated Criminal History Check form.
3. Email completed copies of both forms and any required attachments to finass@ag.gov.au.

Do not submit the Nationally Coordinated Criminal History Check Form to any other organisation. We will submit it on your behalf as part of your application assessment.

If you cannot send your application by email, contact Legal Financial Assistance Casework.

Assessment timeframe

We will assess complete applications within 28 days. We will not assess incomplete applications and will notify you if your application is incomplete.

Guidelines

For more information on ICARS read the International Child Abduction Respondents Scheme Guidelines.

Assessment of costs

Monetary limits apply to certain disbursements. Refer to the Commonwealth Legal Financial Assistance - Assessment of Costs for more information.