By Michael Nicholls QC*
This paper is based on a talk given in London in July 2010 at the Centre for Family Law and Practice’s conference on international child abduction, relocation and forced marriage. The purpose of the talk was to describe what to expect when making an application for the return of a child wrongfully removed to, or retained in, Australia, and why. But for those used to dealing with abduction cases in the United Kingdom, particularly in England and Wales, the significant difference in the form (rather than the substance) of the law, practice and procedure in international child abduction cases between England and Wales and Australia is that, at least in cases under the 1980 Hague Abduction Convention, a great deal more is written down in Australia than in England.
The full article can be accessed here: “Professional insights: International child abduction – Australian law, practice and procedure” (2010) 1 Fam L Rev 82.
* Michael Nicholls QC, Francis Burt Chambers, Perth.