International Family Lawyers Brisbane.
Your Family Lawyers Brisbane & Sydney
Advising on matters involving international elements, such as child abduction, relocation disputes, or jurisdictional issues.
At CG Legal, we understand the unique challenges and complexities that can arise when family law matters involve international elements.
Expert International Family lawyers Brisbane.
CG Legal Family Lawyer in Brisbane offers a team of international family law specialists who provide expert guidance on a wide range of family law matter that transcend international borders. Our team’s extensive experience includes handling complex cases related to divorce, property settlements, child custody disputes, overseas adoption, and more. We understand the unique challenges and intricacies involved in these matters, and we are here to support you through every step of the process.
International Divorce: When it comes to international divorce, our lawyers are recognised as experts in international family law. We have the global connections and expertise required to navigate complex divorce cases, maintenance, and financial agreements. Whether your situation involves a straightforward separation or a multi-jurisdictional divorce, our team is dedicated to providing you with the best legal advice and representation.
Overseas Adoption Procedures: At CG Legal Family Lawyers, we also have extensive experience with overseas adoption procedures. Our family lawyers can advise you on the adoption process, including legal requirements and obligations, if you’re considering expanding your family through international adoption.
International Child Abduction: In cases of international child abduction, time is of the essence. Our experts can provide immediate legal advice and take necessary actions, including filing applications pursuant to the Hague Convention, to help resolve the situation. We understand the complexities of international child abduction cases and are committed to reuniting children with their families.
Child Support Agreements: Securing your child’s financial well-being is a top priority. Our specialists are skilled in creating comprehensive and legally binding child support agreements, ensuring that your child’s financial needs are met, regardless of where you or the other parent reside.
Supreme Court Representation: In cases where family law matters escalate to the Supreme Court, you can trust our experienced legal team to provide the best possible representation. We have a successful track record of representing our clients in complex and high-stakes cases, ensuring their rights and interests are protected.
Family Dispute Resolution: We understand that family disputes can be emotionally challenging. Our collaborative law approach and family dispute resolution services focus on finding amicable solutions, prioritising the best interests of your family. We work diligently to resolve conflicts, even in the most difficult situations.
Domestic Violence Matters: Our team is also equipped to handle sensitive domestic violence matters. We provide compassionate legal support and representation for those dealing with domestic violence issues, ensuring that you and your loved ones are protected and supported during this difficult time.
If your family law matter crosses international borders or involves complex legal issues, CG Legal Family Lawyers is your trusted partner. We offer the best legal advice and representation to address your specific needs and protect your rights, always with the best interests of your family in mind.
For expert guidance in international family law matters, including divorce, child custody, child support agreements, and more, please don’t hesitate to contact our Brisbane City office. Your family’s future is our top priority, and we’re here to help you through every step of your family law journey.
Comprehensive Guide to International Relocation, Child Abduction, Divorce, and More in Family Law.
International Relocation and Freedom of Movement
Adults generally have the right to freedom of movement and can choose to reside in any country, subject to visa and immigration requirements.
When parents separate and go their separate ways, it can become problematic if one parent wishes to relocate with a child to another country without obtaining formal consent from the other parent.
Even temporarily taking a child out of Australia for a vacation can be problematic without the other parent’s consent.
The Family Law Act prohibits a parent from taking a child outside Australia without a court order or formal consent from the other parent.
In the case of disputes between parents concerning international travel or relocation, the Family Court of Australia must make a determination.
These court cases can be emotionally charged and highly complex, underscoring the importance of securing strong legal representation to maximise the chances of a successful outcome.
The fundamental principles guiding a judge’s decision in child relocation cases are as follows:
The Court must prioritise the best interests of the child as the paramount consideration.
The child’s best interests should be assessed while also considering the legitimate interests of both parents.
If a parent seeks to alter living arrangements or time spent with a parent, they must demonstrate that the proposed changes are in the child’s best interests.
International Child Abduction
In cases of child abduction, immediate specialized legal counsel is crucial.
Typically, an international family lawyer would file an application in the Family Court to seek the child’s return.
The Court possesses extensive powers to locate and repatriate the child.
If a child has been taken, and their whereabouts are unknown, the Court can compel individuals and government agencies to provide information about the child’s location.
If you suspect a child is at risk of being taken out of Australia illegally, prompt action is essential.
Once a child leaves the Australian jurisdiction, they become subject to the laws of other countries or international conventions, depending on the circumstances and whether the Hague Convention on International Child Abduction applies.
In certain situations, urgent injunctions to prevent departures from airports and other points of exit can be obtained from the Family Court.
It’s important to be aware that the Family Court maintains an after-hours emergency phone service for situations involving imminent illegal departures, and an injunction must be secured before the court reopens on the next business day.
It is possible to file for divorce in Australia even if you or your spouse are not currently residing in the country.
You can apply for an Australian divorce if either you or your spouse consider Australia as your permanent home or are Australian citizens, or if you typically reside in Australia and have done so for 12 consecutive months before filing for divorce.
International Child Support Agreement with Australia
An International Child Support Agreement with Australia refers to a legally binding arrangement between parents residing in different countries, one of whom is in Australia.
This agreement outlines each parent’s financial responsibilities for the child’s upbringing, covering monthly payments, healthcare, and educational expenses.
Given the international scope, these agreements often involve navigating complex legal frameworks and treaties to ensure their enforceability across borders, with the primary aim of ensuring the child’s financial needs are met, regardless of where each parent lives.
International Property Settlement Jurisdiction
The Family Court of Australia has the authority to make determinations regarding property owned by parties in a marriage or de facto relationship, including property held outside Australia.
The Family Law Act allows parties to initiate court proceedings for property settlement in the appropriate Australian Family Law Court if either party:
- Is an Australian citizen,
- Is ordinarily residing in Australia, or
- Is present in Australia at the time of instituting the proceedings.
Once jurisdiction is established using the criteria mentioned above, the next question is whether the Australian Court should exercise jurisdiction. The court may decline to do so when it’s clear that an Australian Family Law Court is not the appropriate forum for the case, such as when both parties live outside Australia, and the property is solely located in a foreign country like Switzerland. In such a scenario, the Australian Court would typically defer to the jurisdiction of the relevant court in Switzerland.
Frequently Asked Questions
In most cases, an overseas divorce will be accepted in Australia. However, acceptance can depend on two key factors:
Sufficient Connection: Whether the parties involved in the divorce had a substantial connection to the country where the divorce was granted.
Natural Justice: Whether the parties were provided with natural justice, which includes the opportunity to be heard and present their case.
It’s important to note that even if the divorce is recognised in Australia, it may not necessarily prevent or protect you from potential claims on marital property.
Different countries have unique legal systems, and while many share similarities, they may also have distinct laws and regulations. It is generally possible for Australian Divorce Decrees to be accepted in other countries. However, it is advisable to seek legal advice in the specific country where you intend to have your Australian divorce recognised. This ensures you fully understand the legal implications and requirements in that jurisdiction.
If you are looking to divorce someone who is currently residing overseas, you can initiate the process by serving them with divorce papers. The specific international service requirements can vary depending on the country where the person resides. In such cases, it is often recommended to engage a knowledgeable service consultant to handle the service on your former spouse effectively.
Additionally, if the country is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention), any certificates or affidavits confirming service or attempted service will be recognised and considered valid under Australian law. This ensures a standardised and legally recognized process for serving divorce papers internationally.