The families, family laws, civil society, and psychological experts – all unanimously agree that as a nation and society we should not let children suffer due to their parents’ separation. When the whole family is going through a tough phase, saving children from the stress and uncertainty is not easy.
There are child care experts, social workers and organisations to help the families during this period by lending emotional help and healing to the parents and children. This sensitivity shown towards children goes a long way in allowing children the time and space to accept and understand that their parents cannot stay together as individuals, but they will always be there around to help as parents. This realisation is important to raise a next gen that is free of bitterness and anger towards societal set up and their elders.
I always suggest the families to get a session or two with counsellors or attend workshops arranged for separating families. These workshops are conducted in almost every state in Australia and help the individuals to communicate, connect and ease the tension in the family due to their separation.
Laws and Legal Assistance
The judicial system too shows significant concern in ensuring the children are safe, and get both parent’s care. The family laws are quite stringent with regards to children and their care taker.
Despite, the best of efforts, children do suffer sometimes, by the unthoughtful and revengeful acts of parent.
When the parents are citizens of different countries, with their families and friends settled outside Australia, both wish to take children along with them to their comfort zones. However, removing a child or children out of a parent’s care, who has parenting orders from the court to other country is an offense. And you know what it is called in international family law circles? “Parental Child Abduction”!!
How harsh it sounds! That is how exactly the judicial system of any country, not just Australia, considers removal of child from one country to another by either of the parents. If you fear your child might be taken to other country, you can get detention order from the court. If your child is already taken out of the country, you must apply to Hague Convention with the help of a specialised family lawyer in international family laws.
You can seek emergency phone service of family courts even after business hours, when you want to seek detention orders from the court.
Hague Convention is an association of countries across the globe, to safeguard the interests and rights of the children. If any country is part of The Hague Convention, it must adhere to the family laws and children rights’ guidelines set by the Convention and aid in locating and handing-over the child to the authorised parent.
If your child is unfortunately, taken to a country which is not a signatory country to The Hague Convention, it becomes very difficult to get the child back to the parent. However, tragic it may sound, it is true and there are families who are going through this traumatic situation.
Hague Convention also deals with other family issues, other than child abduction;
- Child support: The Hague Convention, seeks to create an up-to-date, competent and accessible global system for the recovery of inter country child support and other forms of family maintenance.
- Adoption: Hague Convention, ensures to act in the best interests of child when intercountry adoptions are made and upholds the child’s fundamental rights in all circumstances.
- Protection to adults and children from domestic violence and abuse
I’ll talk about these topics in my next post, some other day.
If you wish to make any comments on this post, please get in touch.