A parent in Australia whose child is in India can file a habeas corpus petition in the High Court or a guardianship and custody petition in the family court where the child lives. Indian courts decide on the child's welfare, giving weight to Australian orders, how long the child has lived in each country and the child's own wishes. Hague return orders are not available, so planning, evidence and speed matter.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Hague Abduction Convention
- India is not a party
- Remedies
- Habeas corpus or Guardians and Wards Act
International Child Custody from Australia: how it works
We gather the Australian evidence: parenting orders from the Federal Circuit and Family Court of Australia, school and medical records, visa status, the travel arrangement and messages showing the agreed return date. These are certified and apostilled by DFAT. Where the child was removed in breach of an Australian order or a pending case, we consider a habeas corpus petition in the High Court with jurisdiction, which can act quickly. Otherwise, a petition under the Guardians and Wards Act 1890, read with the Hindu Minority and Guardianship Act 1956 where it applies, is filed in the family court.
Following Nithya Anand Raghavan v. State of NCT of Delhi (2017) and later cases, Indian courts do not order an automatic return but conduct a welfare inquiry, which may be summary if the child has only recently arrived. The court may order return to Australia, interim contact by video, or custody in India. Mediation is commonly attempted. Parents in Australia can usually appear by video, but attending the key hearing in person often helps. Mirror orders, undertakings and travel arrangements are drafted carefully so that both countries' courts can act on them.
What clients in Australia should know
- Before a feared removal, a parent in Australia can ask for the child to be placed on the Australian Federal Police Family Law Watchlist, which is far easier than recovering a child from India.
- The longer a child remains in India and settles in school, the harder it becomes to obtain a return order, so act within weeks rather than months.
- Australian citizen children need Indian visas or OCI cards, and the travel documents held by each parent can affect what the Indian court orders.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on International Child Custody, or see all services for clients in Australia and the Cross-Border Family Law practice area.
Questions from clients in Australia
Can the Australian Central Authority get my child back from India?
No. The Hague Convention does not operate between Australia and India, so the Australian Central Authority cannot make a Convention request. The remedy is litigation in India.
Will an Indian court respect my Australian parenting order?
It will consider the order seriously, especially if the other parent took part, but the decision rests on the child's welfare as assessed by the Indian court.
Can I see my child while the case is pending?
Courts often order interim contact, including regular video calls and supervised meetings when you travel to India. We ask for this at the first hearing.