Julian Leeser (Berowra, Liberal Party) Share this | Link to this | Hansard source

Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, the international agreement that helps a parent recover a child who has been abducted overseas, usually by the other parent. Unfortunately, it can also be used by an abusive former partner to compel someone fleeing violence to return overseas so the courts in that country can make a determination. Mothers fleeing family violence rarely succeed in challenging Hague convention orders, because there is a presumption of children being returned, with Australian courts placing insufficient weight on family violence. In a case last year, it was only on appeal that the children were permitted to remain in Australia, despite the father's numerous convictions, including for assaults and domestic violence.

The 1994 Australian Law Reform Commission report Equality before the law made recommendations on the Hague convention that have not been enacted. The report found that in the five years prior to the report there was a history of violence in half the cases where mothers had abducted children. The report also stated:

Although the wording of the Regulations would permit an argument about the effects of violence on children the Australian courts have so strictly interpreted these Regulations that violence has not been treated as relevant.

It's a terrible situation that a mother who has fled violence with her child could be compelled by law to return to their abuser, but that's essentially what the Australian law requires in these cases. The government should consider legislative change so that family violence is given more weight by Australian courts when dealing with Hague convention matters. We should not be putting Australian citizens in harm's way.