At Justice Family Lawyers, we specialise in handling complex and sensitive international family law matters.
Our team of experienced lawyers has a thorough understanding of the unique challenges and complexities involved in international family law cases and is committed to providing dedicated and compassionate representation to our clients.
Our solicitors speak Mandarin, Vietnamese, Hindi and Punjabi, allowing you to communicate clearly in the language of your choice.
We understand that international family law disputes can be emotionally and financially draining, which is why we are dedicated to providing our clients with the support and guidance they need to navigate the legal process.
Our quick responses and turnaround times ensure that you are getting the support that you need.
Whether you are seeking to enforce or contest a foreign court order, obtain a child custody arrangement, or resolve issues related to international child abduction, we have the knowledge and resources to help you achieve your goals.
Our firm is well-equipped to handle all aspects of international family law. If you need legal assistance in an international family law matter, we encourage you to contact us for a consultation.
Can an Australian Court hear an international family law matter?
An Australian court can hear an international family law matter if it has jurisdiction to do so.
Jurisdiction refers to the authority of a court to hear and decide a case.
There are several ways in which an Australian court can acquire jurisdiction over an international family law matter. For example:
- The parties to the case have a strong connection to Australia, such as being Australian citizens or residents, or owning property in Australia.
- The parties have agreed to have the matter heard in an Australian court, either through a written agreement or by submitting to the court’s jurisdiction.
- The matter involves a child who is habitually resident in Australia.
- The matter involves a child who is at risk of being removed from Australia, and there is an application for a child recovery order.
Property settlements for International Family Lawyers Sydney
If there are assets located overseas as part of the property pool to be divided, the process for dividing those assets will generally be the same as for assets located in Australia. The court will consider all of the assets and liabilities of the parties, including any overseas assets, and will make an order dividing the property in a way that is just and equitable.
Enforcing Australian Family Court Orders Overseas
Enforcing an Australian court order related to overseas property can be challenging for courts in foreign jurisdictions.
A court in another country may not recognise the authority of the Australian court.
For example, a court in China will not recognise the authority of a court in Australia.
A court in India may take into consideration the orders of a court in Australia.
A court in England will strongly take into consideration the orders of an Australian court.
This can make it difficult to implement the order.
The Family Court of Australia has the authority to issue orders requiring individuals to take certain actions about overseas property, but it cannot directly enforce those orders.
If a foreign jurisdiction chooses to recognise and enforce an Australian court order, it will be treated as if it had been issued in that country. However, the willingness to do so can vary depending on the jurisdiction and is ultimately up to the foreign court to decide.
International Parenting Orders
In order to have a foreign parenting order recognised and enforced in Australia, you will need to apply to an Australian court for recognition and enforcement of the order.
The court will consider a number of factors when deciding whether to recognise and enforce the order, including:
- Whether the order was made by a court that had jurisdiction to make the order.
- Whether the order is consistent with the best interests of the child.
- Whether the order would be contrary to any order made by an Australian court.
- Whether the order is in accordance with the laws of the country in which it was made.
If you are looking for international family lawyers Sydney to help with your parenting orders, please get in contact with our office by calling or emailing us.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.