Everyone by now has heard the news of the split between musician, Joe Jonas and Game of Thrones star, Sophie Turner after Jonas filed for divorce in Florida, USA.

On the surface, this just looks like a typical celebrity break up where the drama breaks, and it eventually fizzles out of the media’s attention when the next celebrity break up is announced.

Behind the scenes though, these celebrity couples that are experiencing a separation undergo the same family law issues that everyday families go through when attempting to divide their assets and make parenting arrangements.

There are several ways the individuals such as Jonas and Turner can end their financial relationship and finalise parenting arrangements, but that is for another article.

Either way, these hot off the press break ups usually blow up and are dealt with in private with the public never finding out how these matters are cleared up and finalised, leaving them clueless on the processes involved in finalising family law matters.

Turner and Jonas’ divorce has definitely been the hot topic of recent conversation. Matters are burnin’ up even more since Turner has made an Application to the US District Court in New York for the return of their children to England. Turner alleges that Jonas has “abducted” their children.

Has Jones “abducted” the children?

Currently, Jonas is on his USA Tours with his two children. Turner is currently in the United Kingdom on set filming.

Turner’s fans say that the pair had an agreement prior to their separation that upon the conclusion of the Jonas’ USA tour, the children would meet Turner in the United Kingdom with Jonas to follow later. The former couple even recently sold their $15 million property in Miami in anticipation for their residence in the UK. It is Turner’s position that due to this prior agreement Britain is classified as the children’s ‘habitual residence’.

So, is Jonas illegally retaining the children in the US?

Jonas’ fans take the view that the children live and have ultimately lived in the USA their whole lives. In addition, they have subsequently lived in Florida for 6 months prior to the separation and continue to be in Jonas’ sole care.

So, shouldn’t the USA be their ‘habitual residence’?

Have the children really been abducted from where they have always resided?

This issue raises many complex family law issues involving the Hauge Convention on the Civil Aspects of International Child Abduction and the Family Law (Child abduction Convention) Regulations 1986.

Child abduction in family law matters can simply mean the removal or retention of a child in a country that is not their habitual place of residence.

But what is a child’s habitual residence? This is not a simple question as displayed in Jonas and Turner’s case and many factors are taken into consideration in determining whether a child has been illegally removed or retained in a country.

Like USA and the United Kingdom, Australia is a signatory to the Hauge Convention on the Civil Aspects of International Child Abduction meaning that in cases where it is argued there is wrongful retention of a child or children overseas this Convention applies.

As you can see, this is a complex area of law and if you find yourself in either of Jonas or Turner’s shoes you must get family law advice immediately.