Separation can be a time of heightened stress and anxiety for parents, particularly if one parent is a citizen of an overseas jurisdiction and/or the children of the relationship have passports in the other parent’s possession. RMB Lawyers Partner CLAIRE OSBORNE explains what can be done if you believe your children are at risk of being removed unlawfully from Australia.
The Family Law Watchlist (formerly known as the Airport Watchlist) is used by the Australian Federal Police (AFP) to record the names of children who are prohibited by an Order of a Court from leaving Australia.
When an attempt is made to remove a child who is on the list, a trigger alert at any point of international departure, such as an airport or cruise ship dock, will be raised and the child will be prevented by authorities from leaving Australia. A child in Australia cannot depart the country without the consent of both parents or those who have parental responsibility for the child.
To place a child on the list you must first complete a Family Law Watchlist Request Form (from the AFP) and in addition, you need to have either a Court order that limits or prevents the child travelling overseas and which also requests the Australian Federal Police place the child on the Family Law Watchlist or you need to have filed an application with a Court for an order seeking to prevent the child travelling overseas.
The Court will consider issues such as why you believe your child or children will be taken overseas without your consent, the ties the other parent has to the country they are travelling to, their ties or lack thereof to Australia, what long term decisions the travelling parent has previously made without your involvement, the care arrangements for the children, whether there is a history of the travelling parent failing to facilitate you spending time with your child/children and whether the country the other parent is travelling to is a Hague Convention Country.
Australia is a signatory of the Hague Convention of the Civil Aspects of International Child Abduction (commonly known as the Hague Convention) which seeks to protect children from abduction and retention across international boundaries. The Hague Convention provides that where a child has been abducted, the child is to be promptly returned to that child’s predominant country of residence unless exceptional circumstances apply.
The Watchlist Orders are usually made by the Court for a set period (2-3 years).
If you're currently going through a separation and have any questions about Family Law Watchlist, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.