This article will outline co-operation on placement of children in Australia. Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention provides a framework for resolving cases of international child abduction.

The Convention ensures that children who have been wrongfully taken or retained across international borders are returned to their country of habitual residence. The Australian Government also has laws in place to protect the best interests of children pursuant to the Family Law Act 1975. This applies to both domestic and international cases.

The Act also provides for the recognition and enforcement of foreign child orders. This includes those made under the Hague Convention on the Civil Aspects of International Child Abduction. Furthermore, the Australian Central Authority participates in the co-operation on placement of children with the Central Authorities of other countries.

Importance of Co-operation on Placement of Children

The Australian government may place children in a foster family or institutional care for a variety of reasons. Apart from promoting the safety and well-being of a child, some of the reasons why a child may be placed in out-of-home care include:

1. Abuse or neglect: The government may place children in out-of-home care to protect them from harm if they are at risk of abuse or neglect in their family home. Family violence and family breakdowns are one of the main causes of abuse or neglect.

2. Mental health issues: Children can also experience mental health issues, such as anxiety or depression. Moreover, a mentally ill child's family may be unable to provide the necessary support and care. Hence, they may be placed in out-of-home care to receive the appropriate treatment and support.

3. Parental incapacity: Sometimes, there are no other suitable family members or people who can care for children. For instance, a parent is unable to no longer provide child support to his child. If this is the case, the government may make arrangements to place them in foster families or institutional care.

Section 111CU: Placing a Child in a Foster Family or Institutional Care

According to Section 111CU of co-operation on placement of children, a court must obtain the consent of a competent authority of a convention country before they place a child in a foster family or institutional care. The court may also order either of the following when consulting with a competent authority of the convention country before placing a child in foster or institutional care:

  • Concerned parties to the proceedings
  • The Commonwealth central authority. If this is the case, the court must provide the Commonwealth central authority with a report on the child and the reasons for the proposed placement.

Section 111CV: Serious Danger to a Child

The court or people involved in Section 111CV of co-operation on placement of children:

The people or courts mentioned above must inform a competent authority of another country regarding any information about a serious danger to a child:

  • Whose residence has moved from Australia to the other country; or
  • Who is present in the other country

The people or courts involved in this Section must provide information about serious danger to a child despite any confidentiality purposes imposed on them. This includes a contract or professional ethics.

A person is not liable to civil or criminal proceedings in respect of providing this information. Evidence of information regarding serious danger to a child is not admissible in any of the following:

  • Courts (whether or not exercising jurisdiction under the Family Law Act)
  • Tribunals or other bodies concerned with professional ethics.

Note: Evidence of provision of information regarding serious danger to a child is not admissible in a court or tribunal unless the person who provides the information gives evidence.

Section 111CW: Decisions on Who the the Child Will Spend Time With

According to Section 111CW of co-operation on placement of children, court proceedings should deal with who the concerned child will spend time and communicate with. The court must admit into evidence and consider any findings of a competent authority of a convention country on the suitability of a parent or a person to care for a child.

The court may adjourn the proceedings regarding the parent's suitability as a person with whom the child can spend time or communicate with. A court may conduct the following on the application of an Australian resident parent seeking to have, or continue to have, a child spend time with or communicate with the parent:

  • Admit evidence
  • Determine whether the concerned parent is suitable for the child to spend time with or communicate with
  • Specify the circumstances under which the child is to spend time with or communicate with the person.

Section 111CX: Location Orders and Commonwealth Information Orders

According to Section 11CX of co-operation on placement of children, a court may make a location or commonwealth information order for the purposes of child protection. A location order requires a person to inform the Registry Manager of a court about a child's location.

Whereas, a Commonwealth information order requires a Department Secretary or appropriate authority to provide the court with information about a child's location. This information may be contained in the records of the concerned Department or instrumentality.

Section 111CY: Giving Information to Central Authorities and Competent Authorities

Section 111CY of the co-operation on placement of children applies to:

  • A court
  • The Commonwealth central authority
  • Central authorities of Australia; and
  • Other competent authorities in Australia

The court may provide information to the following if it would be consistent with the co-operation on placement of children or the Child Protection Convention:

  • A court or authority of Australia
  • A central authority or other competent authority of a convention country

The Importance of Seeking Legal Advice

Australian family laws give great benefit to children especially if they are at risk of violence, abuse, or illegal relocation. That's why it's important to seek legal advice from JB Solicitors for family law matters.

Our team can help troubled clients understand the options available to them for their family law matters. We also have mediation and arbitration services for people who want out-of-court resolutions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.