Victoria Legal Aid Handbook for Lawyers

The following information provides guidance on how to interpret and apply Guideline 3 and should be read in conjunction with that guideline in the Handbook. Where there is any inconsistency between the following information and the guidelines, the guidelines will prevail.

Assistance under this guideline is available in limited circumstances where the child is in Australia, having been wrongfully removed to Australia, or kept in Australia from countries subject to the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) or certain bilateral agreements.

We do not provide legal assistance for overseas legal proceedings for the return to Australia of a child who has been wrongfully removed to another country.

For information relating to the assistance provided by the Australian Central Authority where a child has been removed to a country that is a member of the Convention, and what to do if a child has been removed to a non-Convention country, see the website of the Commonwealth Attorney-General’s DepartmentExternal Link .

Other notes in this section

Reviewed 20 February 2022

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