The Family Law Airport Watchlist, otherwise known as the “Airport Watchlist” is designed to prevent the unlawful removal of children from Australia. In family law matters, parents are able to apply to the Court for an order seeking the placement of their child’s name on the watchlist if they are concerned that their child may be taken overseas without their consent. This article will explore how the watchlist if they are concerned that their child may be taken overseas without their consent. This article will explore how the watchlist works and the terms in relation to placing your child on the watchlist.
The Family Law Airport Watchlist is monitored and maintained by the Australian Federal Police (‘AFP’). It operates at all international seaports and airports within the Commonwealth of Australia. If your child’s name is on the Family Law Watchlist, the AFP will prevent your child from leaving the country if the departure risks the breaching of a Court Order.
Your child may appear on the watchlist if:
- There is a court-issued parenting order or an injunction that limits or prevents overseas travel for your child;
- There is a current parenting order application before the Federal Circuit and Family Court of Australia to limit or prevent overseas travel for your child;
- A parenting order or injunction is currently under appeal.
The AFP is alerted by the Family Law Watchlist when your child attempts to leave Australia through an airport or shipping terminal. The AFP will not allow the child to leave.
If you believe that your child may be at risk of being taken overseas without your consent, it is crucial that you add their name on the Family Law Watchlist. This is significant as once a child has been taken out of Australia and the party chooses not to return, it is immensely difficult to recover the child back to Australia even if the subjected country is a signatory to the Hague Convention. There are high risks that the recovery will be slow, difficult and unsuccessful.
Placing a Child on the Family Law Watchlist
In order to place your child’s name on the Family Law Watchlist, you will need to:
- Obtain a finalised Court order or parenting order for the prevention or limitation of overseas travel as well as request that the AFP place the child on the Family Law Watchlist; OR
- File an application with the Court for the aforementioned Court order or parenting order; OR
- File an appeal with the Court against a child-related order of the Court
Once an application for a parenting order has been filed OR made, you will then be able to complete the AFP’s Family Law Watchlist Request Form and submit it. You will then be required to send the court documentation of the application for Court orders for your child to be placed on the Watchlist to the AFP. It is important to note that the provision of the application to the AFP is under the applicant’s responsibility and not the Court. If the Court has issued the order, the AFP may receive the request on the same day however it is important you contact the AFP to provide them with a copy of the Orders.
From our experience, when you lodge the AFP’s Family Law Watchlist Request form, the child is usually placed on the Airport Watchlist within a few hours. The AFP usually do not question the grounds as to why you want the child placed on the Airport Watchlist. This will be a matter for the Federal Circuit and Family Court of Australia to manage later on.
Once a Child is on the Watchlist
The AFP requires that once your child is placed on the Family Law Watchlist you must:
- Provide them with your child’s passport details, possible aliases and your 24 hour contact number;
- Notify the AFP when there are changes to your personal details and circumstances, or if there are any new orders that may affect your child’s status on the Watchlist
- Inform the AFP of any intention to travel no less than 10 working days before departure
Travelling overseas with a child on the Watchlist
You will need to give the AFP as much notice as possible if your child is on the Watchlist and intends to travel, otherwise you may risk delays or prevention of your child travelling.
It is important that the consent of both parties is present before removing a child from Australia. You mat be in contempt of Court with a possible penalty of 3 years imprisonment if your travel breaches any court-issued or parenting orders.
If your current parenting order or appeal is pending, your child will remain on the Watchlist until the Court makes its decision, and the AFP will prevent your child from travelling unless the following circumstances occur:
- The Court proceedings are finalised;
- There is a separate order by the Court made to remove the child from the Airport Watchlist to allow travel; or
- Travel is in accordance with s 65Z(2) of the Family Law Watchlist 1975 which stipulates that a party may remove the child from Australia if it believes it is necessary to prevent family violence and the conduct is reasonable in the circumstances as the person perceives them
Removing your Child from the Watchlist
If your child’s name is on the Watchlist, and you agree to your child travelling out of Australia or would like to take your child out of Australia, there are processes in place to remove their name from the Watchlist. However, this is dependent on whether the Court or parenting order that placed your child’s name on the Watchlist was absolute or conditional.
Absolute Order
This type of order will prevent your child from travelling altogether. If your order is absolute, you will need to seek new Court orders that cancel or change the Watchlist order, and ask the AFP to remove your child’s name from the Watchlist. If not, your child’s name will only be removed at the end of the period stipulated in the order or when they turn 18.
Conditional Order
This order allows a child to travel out of Australia provided that both parents provide ‘authenticated consent’. This must be provided through the form of a signed statutory declaration by both parties. Once provided to the AFP, you will not have to apply to the Court for your child to travel overseas as it illustrates both parents consent to the child leaving for a particular period.
Resources
- Australian Federal Police: https://www.afp.gov.au/our-services/national-policing-services/family-law-watchlist
- Legal Aid NSW: https://www.afp.gov.au/our-services/national-policing-services/family-law-watchlist
- Federal Circuit and Family Court of Australia: https://www.fcfcoa.gov.au/fl/children/relocation-travel
If you have fears for your child being removed from the country without your consent, consult our experienced family law specialists at Ramsden Family Law. We are here to provide you with the necessary legal support and guidance to protect your family’s best interests during this challenging time. Empathy and understanding are crucial to helping clients through these difficult situations.
How Ramsden Family Law Can Assist You
Our team of dedicated family law specialists brings extensive experience to the table. We understand the nuances of family law cases involving the family law watch list. We offer comprehensive legal support tailored to your specific situation. Whether you’re dealing with parenting disputes, family violence issues, or custody battles, we have the expertise to guide you.
We recognise the emotional and personal challenges you may face in these situations. Our approach is rooted in empathy, ensuring you receive the support you need during difficult times. Our primary goal is to safeguard your family’s well-being and best interests. We work diligently to achieve outcomes that prioritise your family’s future.
Every family law case is unique. We provide customised solutions and legal strategies tailored to your specific circumstances. Ramsden Family Law has a strong track record of successfully handling family law cases, including those involving placing your child’s name on the family law watchlist.
If you’re facing family law challenges related to you or another parent removing your child from Australia, don’t hesitate to contact Ramsden Family Law. Your family’s future is our top priority, and we’re here to provide the guidance and support you need.
The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.
Posted in: Parenting
December 02 2024
