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International Family Law

The leading authority on international family law

29 AUG 2012

Australia - Independent representation of children in Hague proceedings

Sally Nicholes

The issues surrounding the independent legal representation of children in proceedings under the Hague Convention on the Civil Aspects of Child Abduction (‘the Convention') in Australia has presented in a number of recent Australian cases. Judges of the Family Court and Federal Magistrate Court of Australia have discretion to appoint an Independent Children's Lawyer (ICL) under s 68L of the Family Law Act 1975 in appropriate parenting cases. However, in Hague cases, the discretion of the Family Court is limited to cases in which there are ‘exceptional circumstances'[1]. Section 68L of the Family Law Act provides as follows:

 


[1]              Family Law Act 1975, s68L.

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