Mother fighting for change after 2-year-old daughter was legally taken overseas by allegedly abusive father

The woman says she was escaping her allegedly violent partner when she left Europe without telling him, but her action contravened international law.

The two-year-old was taken from her mother on Christmas Day after a protracted custody battle with her partner, who currently has an ADVO against him.

A Wiradjuri mother fighting for the return of her 2-year-old daughter says she wants all children removed under similar custody laws to be reunited with family.

The mother, who cannot be named, was left distraught after her young daughter was legally taken from her by the girl's father on Christmas Day following a two-year custody battle.

The mother has claimed that while she was pregnant, she was coerced to travel to Europe by her ex-partner, and while there experienced health complications and was unable to fly home and birth her baby as she had planned.

Once their baby was born, the mother alleges that the violence and abuse escalated, and once she was able to, she and her daughter returned to Australia.

She stated that she did not know she was breaking international law when choosing to flee her situation.

Last month, the girl was flown to Europe where she now remains in the custody of her father, who has an Apprehended Domestic Violence Order (ADVO) out against him.

Bundjalung Wijdabul Wiabul lawyer Vanessa Turnbull-Roberts has assisted the mother in bringing awareness to her plight.

She says that despite the woman's distress, she is prepared to do whatever it takes to bring her daughter home, and create systemic change.

"She doesn't just want to bring her baby home. She's ready to bring all babies home.

"She's been in contact with another 'Hague' mother who's talked about a successful case where the kid got to come back to her home. And they were in a very similar situation.

"And that's given her hope."

Alleged abuse led to mother fleeing, contravening law

The Australian Family Court ruled in favour of the father's application, despite a well-documented history of alleged domestic abuse and concerns for the well-being of the child.

The ruling relied on a convention which states that any child taken from their country of birth by one parent or guardian, without the permission of the other parent, is considered an international child abduction case.

The convention has been accused of being used disproportionately against women, often as a 'weapon' by domestic abuse perpetrators.

Judge said mother was 'not a reliable witness'

A spokesperson for Attorney-General Mark Dreyfus told NITV that changes to the law have recently been made.

"The Albanese government has amended the law to make it clear that allegations of family and domestic violence can be considered before return orders are made for children under the Hague Convention," they said.

The judge presiding over the case is able to consider the individual circumstances and allegations of abuse before ruling in favour of either parent, in this case however, the judge noted that the mother was 'not a reliable witness', and the father gave a more 'considered appeal'.

Turnbull-Roberts says that she received the same response from the Attorney-General's office and and this 'reinforcement of secrecy' has been one in a series of failures that have led to a First Nations child denied safety.

"Albanese's government put in this new legislation where (domestic violence) can be considered, but it doesn't mean it must be considered," she said.

"When our politicians choose not to be vocal about things that also protects the interests of children, you're silencing children. They're saying she doesn't have a voice at the table.

"And at the end of the day, she is now subjected to trauma."

Gaining public support

Turnbull-Roberts states on the Change.org petition, which received over 15,000 signatures within two days of launching, that there needs to be more consideration given to the children involved in these cases.

"This parliament needs to remember why it was elected. It was elected on the basis that it would have a strong commitment to First Nations people, for example, the Voice to Parliament, and that it would end domestic and family violence."

"Now we have a case here, where both of these promises that our Labour government had made has failed extremely, on the safety and well being of a child, a First Nations child and it's also failed Indigenous people collectively."

Despite growing calls from the public, who have also donated over $56,000 through a GoFundMe page to help the mother to continue her legal fight, the prime minister has remained silent on the case.

The funds raised will go towards international legal fees, flights and accommodation for the mother and Elders for mental health support, and court and legal processing fees.