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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44179
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a daughter who lives here in Australia, but because a

Customer Question

I have a daughter who lives here in Australia, but because a situation that arose about three years ago, her children somehow ended up in hague convention situation where the children were not allowed to come back to Australia but were put in the father's custody, Over those years, they have maintained a good relationship but now that they have come to a situation where the children want to come back to their mother here in Australia, the father is saying that he doesn't know how to get the ban lifted. Can it be lifted and if so, how do they go about doing it?
JA: Family law varies by state. What state are you in?
Customer: Queensland
JA: Have you talked to a lawyer yet?
Customer: Is there a particular type of lawyer they need to talk to because I know she tried a couple of years ago and couldn't find anyone to touch the situation because of the hague convention stuff..But does it make a difference if they are both in agreement
JA: Anything else you want the lawyer to know before I connect you?
Customer: Their main concern was that the father has no idea how to get the ban lifted
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.

Good Morning.

If the parents both agree then they can enter into consent orders where the court makes new orders.

In order for the child to be dealt with under the hague convention one of them started proceedings in a court that has signed the convention. Australia is one of those countries.

I would assume the father started the action where he is and got the orders and it would be best that any new orders are filed in the same court to lift the bak that would stop the child leaving that country.

I hope this makes sense and is of assistance. if there is nothing further

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