6
Dec
2022

If you are concerned that your ex-partner may take your child overseas without your consent, then you may wish to place your child on the Family Law Watchlist to avoid the risk of abduction.

The Family Law Watchlist (previously known as the Airport Watchlist) is a national program which operates at an international level and is maintained by the Australian Federal Police (AFP) to act on Court orders and to prevent the unlawful removal of children from Australia either temporarily or permanently.

Once the Court makes an Order placing your child on the Family Law Watchlist, then the AFP is notified of the Order as they are responsible for monitoring the Watchlist. In these circumstances, if your ex-partner attempts to take your child out of the country, then AFP will be alerted, and your child will be stopped at the international departure points such as airport or seaport terminals and will stopped from leaving Australia.

For your child to be successfully placed on the Family Law Watchlist, one of the following must apply:

1. the Court has issued a parenting order limiting or preventing the child’s overseas travel;
2. the Court has issued an injunction limiting or preventing the child’s overseas travel;
3. the child is the subject of a parenting order application currently before the Court that may limit or prevent overseas travel;
4. the child is the subject of an application for an order to place the child on the Family Law Watchlist; or
5. the child is the subject of a parenting order or injunction under appeal.

Please note that once you have an Order from the Court in relation to the Family Law Watchlist, you must provide the AFP with a copy of this Order so to limit and/or prevent your child travelling overseas. You will also need to complete the necessary form for the Family Law Watchlist and send it to the AFP.

Once your child is successfully registered onto the Family Law Watchlist, your child cannot leave the country without the AFP being alerted and will be stopped at the border as per the Court Order.

However, if you wish to remove your child from the Family Law Watchlist, you will need to seek a further Court Order for the removal. The AFP simply cannot remove your child from the Watchlist without a Court Order.

If you are concerned about your child being taken overseas without your consent, we strongly recommend you contact our legal team to obtain urgent legal advice without further delay.

Disclaimer

The content of the Anderson Boemi Lawyers website is provided for information purposes only. The contents of this website do not constitute legal advice and should not be used as such. Formal legal advice should be sought in particular matters. If you have a particular matter you need legal advice for, or you have any questions about our disclaimer please contact our office on (02) 9653 9466.