Overseas Custody (Child Removal) Scheme
Australian parents, whose children are ordinarily resident in Australia and are removed from or detained outside Australia without their consent, may apply to the Attorney‑General’s Department for financial assistance under the Overseas Custody (Child Removal) Scheme to commence legal proceedings in the overseas country for recovery of their children. This is a means-tested scheme that covers the costs of engaging an overseas lawyer if legal aid is not available in the overseas country. The applicant’s travel costs may also be covered if the applicant is required to travel overseas to attend the hearing of the case or to collect the children.
Consideration is given to whether the applicant has reasonable prospects of success in having the children returned to Australia. In some cases, the applicant may be required to obtain a written opinion from a lawyer in the overseas country before a decision is made about providing financial assistance for the overseas proceedings.
This scheme does not cover costs associated with overseas access or visitation cases.
This scheme does not cover legal costs incurred by the applicant in Australia. However, the applicant may be eligible for assistance from their local State or Territory legal aid commission for those costs.
Applications can be made throughout the year and will be assessed upon receipt by the Attorney-General’s Department. Generally, a grant of financial assistance will not extend to costs incurred prior to the Department receiving an application.
To apply for financial assistance under the scheme, the applicant must:
- complete an application form, and
- provide the additional information required by the Department for applications under this Scheme.
All applications for assistance should be sent to: finass@ag.gov.au. If you are unable to submit an application by email, please telephone the Financial Assistance Section on (02) 6141 4770.
