Hague Convention return applications can escalate quickly, often leaving parents overwhelmed by urgent deadlines and complex legal requirements. Many are unaware that the Commonwealth Government now provides financial assistance to help respondents access legal representation through the International Child Abduction Respondents Scheme (ICARS). Mullins supports parents through every stage of these high‑stakes matters – offering clear advice, rapid action and experienced representation to protect your legal rights.
have YOU been served with a Hague Convention return application?
If you are served with a Hague Convention return application in Australia, the process can move quickly and the stakes are high. There is a risk of orders being made by the Court in your absence.
The good news is that the Commonwealth Government now offers targeted financial help for Respondents who have removed or retained a child/children to Australia. This scheme is called the ‘International Child Abduction Respondents Scheme’, commonly referred to as ‘ICARS’.
WHAT is ICARS?
ICARS is a Commonwealth legal financial scheme that assists to fund the reasonable costs of a legal practitioner to act for you, provide advice and attend mediation in proceedings which seek the return of a child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
ICARS may also cover the reasonable costs of disbursements that your legal representative incurs while acting for you or providing legal advice in proceedings under the Regulations, such as obtaining reports or expert opinions, documents, translations and court fees.
Who can apply?
You may be eligible if you are responding to a return application, appealing a return order or responding to an appeal about a non-return order.
How to apply?
In summary, to apply for ICARS you need to:
- Complete the ICARS Application Form;
- Complete the Nationally Coordinated Criminal History Check form; and
- Email the forms and required documentation to finass@ag.gov.au.
It is important to apply early, as costs incurred prior to the application being approved are generally not covered.
How can we help?
We act for Respondents to Hague Convention applications. We can help you prepare your ICARS application, draft your Court material, gather evidence, engage in negotiations and provide a court strategy – so you are not facing a return application alone.
Please contact Partner, Pierce Carstensen or Associate, Bethany Fitzgerald from our Family Law team at Mullins should you require assistance as a Respondent to a Hague Convention application.
