Guideline 3.1 – litigation in matters involving international child abduction

Guideline

VLA may make a grant of assistance for a person for litigation in international child abduction matters where:

1. a child has been wrongfully removed to (or kept in) Australia from certain countries to either:
   1. defend a court application made under the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Child Abduction Convention) for the return of a child to a Hague Child Abduction Convention country, and/or to spend time with a child living in Australia
      or
   2. apply to a court under a bilateral agreement in relation to a child who has been wrongfully removed to Australia.

or

2. a child has been wrongfully removed from Australia to (or kept in) certain countries, to make an application to the court under the Family Law (Child Abduction Convention) Regulations 1986 for a declaration that that the removal of a child from Australia to a Hague Child Abduction Convention country is wrongful within the meaning of the Hague Child Abduction Convention
   and
3. the following threshold tests are met:

• forum test
• Commonwealth merits test
• means test.