Navigating International Custody Disputes in Canberra with Experienced Family Lawyers

Written by Haidar Saab

Reviewed by Jackson Bartulovic

Written by Haidar Saab

Reviewed by Jackson Bartulovic

2 min read
Published: August 1, 2025
Legal Topics
Family Law
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Page Content

International custody disputes are increasingly common as ACT families relocate for work, diplomatic assignments, or personal reasons. At Chamberlains Law Firm, our ACT-based family lawyers understand the unique legal and emotional challenges of cross-border parenting disputes.

Understanding International Custody Disputes in the ACT

International parenting disputes operate across multiple jurisdictions. In the ACT, domestic parenting matters are governed by the Family Law Act 1975 (Cth), specifically Part VII. International child abduction matters are governed by the Family Law (Child Abduction) Regulations 1986, implementing the Hague Convention (1980).

Working with an ACT family law firm experienced in international matters is essential to protecting parental rights and child wellbeing.

Jurisdictional Challenges in ACT Custody Matters

Jurisdiction determines which country’s courts can decide a parenting matter. Under the Family Law Act, a child’s habitual residence is the central factor in jurisdictional analysis.

Section 111B gives ACT courts authority to apply Hague Convention rules for the return of children wrongfully removed or retained overseas. Applications under the Family Law (Child Abduction) Regulations 1986 must be filed first, as they operate on an urgent interim basis.

Chamberlains ACT family lawyers assist with jurisdictional disputes, coordination with overseas authorities, and international recovery applications.

The Role of Family Lawyers in ACT International Custody Disputes

Our ACT Family Law Team works closely with foreign legal professionals, ensuring that international cases progress smoothly despite complex procedural requirements.

Key Considerations in International Custody Disputes

The best interests of the child (s 60CA) remain the guiding principle.

The ACT Court will consider:

  • Habitual residence
  • Any grave risk of harm (Article 13 Hague Convention)
  • The child’s views
  • Relationships and attachments
  • Caregiver capacity across jurisdictions
  • The child’s safety and stability

Legal Processes in ACT International Custody Matters

International custody disputes may involve:

  • Jurisdictional analysis
  • Mediation or negotiation
  • Court applications under ss 65D and 65DAA
  • Hague Convention recovery procedures

Chamberlains ensures that ACT-based applications comply with all domestic and international legal requirements.

Conclusion

International custody disputes in the ACT require careful navigation of the Family Law Act, Hague Convention obligations, and international enforcement procedures. Chamberlains Law Firm provides experienced and compassionate representation for ACT families facing cross-border disputes.

If you have any questions about Spousal Maintenance, contact Stuart Robertson of our Family Law Team on 02 9264 9111

This article was prepared with the assistance of Zoe Hayes.