If you receive the following documents, it means that someone (applicant or plaintiff) has filed an application under the International Child Abduction Act against you (the respondent or the defendant):
You should read the documents to find out:
Refer to the following to find out the different ways of responding to the international child abduction application.
If you do not wish to contest the application, you should still attend the scheduled court session (the case conference) mentioned in the sealed OA and inform the judge. The judge can then make orders including ordering the return of the child.
If you intend to contest the application, you will have to file and serve an affidavit on the applicant or their lawyers (if any) within 14 days from the date on which the applicant served their documents on you or your lawyers (if any).
You will also have to attend the case conference on the time and date stated in the sealed OA.
If you intend to contest the application, you will need to include the following information in your affidavit if the applicant did not disclose such information in their documents:
If you are not sure what to say, or need help preparing your affidavit, you should seek independent legal advice.
The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.
You will need to pay $1 per page, subject to a minimum fee of $10 to file your affidavit.
In addition to these fees, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
You may choose to file your affidavit personally or through a lawyer. If you are representing yourself, you must file the documents through eLitigation at the LawNet & CrimsonLogic Service Bureau.
You must follow Part 5 of the Family Justice (General) Rules 2024 and the Family Justice Courts Practice Directions 2024 to prepare your documents before heading down in person to do the filing.
Refer to the following steps to file and serve your affidavit.
Step | Result |
---|---|
1. File your affidavit | Your affidavit is filed in the Family Justice Courts. |
2. Serve the affidavit on the applicant | The applicant is notified of your intention to contest the application. |
You will have to file your affidavit via eLitigation at the LawNet & CrimsonLogic Service Bureau. Your documents will then be submitted to the Family Justice Courts for review.
You must serve a copy of your affidavit on the applicant after it is filed.
If your affidavit contains details of any court proceedings relating to the child, you must also forward a copy of your affidavit to the following authorities within 7 days from the date your affidavit is filed:
After you have filed and served your affidavit on the applicant or their lawyers, the applicant or their lawyers will file and serve their reply affidavit on you within 7 days from the date you serve the affidavit on them.
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreFor filings commenced on or after 15 October 2024, refer to Part 13 of the Family Justice Courts Practice Directions 2024 for the general procedure regarding the conduct of hearings.
For filings commenced before 15 October 2024, refer to Paragraph 44 of the Family Justice Courts Practice Directions 2015 for proceedings under the ICAA.