VLA may make a grant of legal assistance in limited circumstances in matters relating to international child abduction, under the following guidelines:
- Guideline 3.1 – litigation in matters involving international child abduction
- Guideline 3.2 – FDRS in matters involving international child abduction
- Guideline 3.3 – appointment of an ICL for litigation in matters involving international child abduction
- Guideline 3.4 – appointment of an ICL for litigation intervention FDRS in matters involving international child abduction.
A grant of legal assistance will not be available in following kinds of international child abduction proceedings:
- where a child has been wrongfully removed from Australia to another country (or kept in another country) to apply for a child to be returned to Australia under the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Child Abduction Convention)
or
- to intervene in proceedings under the Hague Child Abduction Convention relating to the return of a child who has been removed from Australia to, or kept in, a Hague Child Abduction Convention country.
In matters where a child is removed from a parent or carer within Australia, assistance for the location and recovery of a child may be available. See Guideline 2 – recovery, location and information orders.
For commentary relating to this section, see Notes on Guideline 3.
Updated