Family Law Watch List – Risk of Children Being Taken Out of Australia

Ending a long-term relationship is always hard but sometimes it gets ugly especially when children of the marriage are involved. In most circumstances where a marriage has broken down and both parties are undergoing a divorce, a party will often be concerned that the other party may be taking their children overseas.

Thus, the following information is useful:

• If your children are with somebody else, and you suspect that they may take your children overseas; or
• If your children are in your care but you are afraid of them being taken from your care and then overseas.

If you are worried that your children may be taken out of Australia without your permission, you can apply to put your children’s name on the Airport Watch List. The airport watch list is held by airports in Australia and is updated by the Australian Federal Police (AFP).

Australian Federal Police (AFP)

The AFP manage the airport watch list for family law matters where they will be informed of the movement of the children on the list. Your children may appear on the Watchlist in circumstances where:

• the Court has issued a parenting order limiting or preventing the children’s overseas travel;
• the Court has issued an injunction limiting or preventing the children’s overseas travel;
• the children are the subject of a parenting order application currently before the Court that may limit or prevent overseas travel;
• the children are the subject of an application for an order to place the children on the airport watch list; or
• the children are the subject of a parenting order or injunction under appeal.

There are laws about taking children overseas. It is often important that you communicate and try to reach an agreement with the other parent before taking your children overseas.

If you are concern that your children will be taken overseas without your permission and would like to apply to put your children’s name on the Airport Watch List or find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.