Wrongful retention of children should be a criminal offense

Source: The Australian

Call for criminal charges against parents who abduct children

AUSTRALIA’S international child abduction laws are set to be strengthened after the Family Law Council advised the Attorney-General that parents who take children overseas with consent from their ex-partner but break the deal and keep the children should face criminal charges.

As it stands, the legislation does not cover the situation where a parent takes a child overseas with the other parent’s consent — or in accordance with a court order — but then “retains” the child overseas beyond the agreed or authorised period.

In these situations, the council argues, the “wrongful retention of children should be a criminal offence”.

The council also recommends the act be amended to extend the criminal charges to parents who remove a child without consent or authority when family dispute resolution has been initiated or an invitation to participate has been received.

But the council has stopped short of recommending that all parents who take their children overseas without consent should face charges.

The legislation does not currently cover situations where children are taken overseas without the other parent’s consent and there is no Australian court involvement. In these situations, the council has found that making this a criminal act could create a disincentive for foreign courts to order a child to be returned, as well as for a parent to voluntarily return the child, and has advised against making it illegal.

Published by: ABP World Group International Child Recovery Services

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