Preparing Response documents, defending applications and appeals
Hclp offers a low-cost service to defend applications brought under the Hague Abduction Convention Regulations and to lodge appeals in appropriate cases.
Hclp is able to assist you to obtain funding to defend an application under the Abduction Convention Regulations. The scheme is administered by the Commonwealth Attorney-General’s Department and is called International Child Abduction Respondents Scheme (ICARS).
Representation
Representation If your matter is listed in the Sydney, Parramatta, Newcastle, Wollongong or Canberra registry of the Federal Circuit and Federal Circuit and Family Court of Australia of Australia, the Hague Convention Legal Practice (Hclp) can represent you in court. If your matter is in another state in or registry of the Federal Circuit and Family Court of Australia Hclp can still advise and represent you via electronic means including making an application that the trial be conducted electronically via the court’s TEAMS system.
Advice
Understanding what is likely to happen and being aware of the options open to you will help you make the right decisons for your children and for yourself. By speaking to someone who has worked with child abduction matters for many years you will ensure that you get the best advice available.
ICARS Funding for defendants
Since May 2024 funding has been available to persons seeking to defend an application brought under the Hague Convention on the Civil Aspects of international Child Abduction (the Abduction Convention). The scheme is called International Child Abduction Respondents Scheme (ICARS), it is administered by the Legal Assistance Branch of the Commonwealth Attorney-General’s Department.
What is covered by the ICARS scheme?
The scheme covers reasonable legal costs to defend an application and to appeal or defend an appeal. It may also cover disbursements such as obtaining reports, documents, translations and court fees.
Eligibility
While there is no specific means test you will need to provide financial information to establish that paying for the legal costs will place you in financial hardship. There is also a requirement that you provide details of your criminal history. This will usually involve you obtaining a certificate from the police department in the state in which you are located. It is unclear whether any criminal history in the country from which the child was taken is relevant however it would be prudent to also have evidence with respect to that issue.