Stopping your ex-partner from taking your child overseas – Airport Watch Lists

Publications > Stopping your ex-partner from taking your child overseas – Airport Watch Lists

 

January 2012

There will be instances where you or your ex-spouse wants to take your child overseas. This article will assist parents who wish to prevent their child from leaving Australia.

 

 

How do I stop my child from leaving the country?

 

One of the mechanisms you can use to stop your child from leaving the country is the Airport Watch List.  Upon applying to the Family Court or Federal Magistrates Court for an order, the child’s name can be placed on this list with the assistance of the Australian Federal Police (‘AFP’).

 

It is only with an order of the court that the AFP will place the child’s name on the Airport Watch List.  Similarly, the child’s name can only be removed by obtaining another order of the Court.

 

If you want to travel while the child’s name is on the list, an order of the Court is needed specifying a period of time for travel.

 

How is the application made?

 

A qualified family lawyer can assist you to make the application to the Court to put your child’s name on the Airport Watch List.

 

What should I do once the order is made?

 

Your family law solicitor will help you to ensure you adhere to your responsibilities once a child’s name has been place on the Airport Watch List.

 

You have a responsibility to keep the AFP informed of any court order issued with regards to the Airport Watch List, but also, while the child’s name remains on the list, you must inform the AFP of court orders issued by a court with regards to that child.

 

It is your responsibility to inform the AFP of any changes in order to avoid airport delays, or being prevented from travelling overseas with your child completely.

 

Consequences of taking a child from the country without the permission of the court or both parents?

 

A party who removes or attempts to remove a child from Australia without permission of the court or the other parent, may be sentenced up to three years imprisonment.

 

Contact

 

For assistance and confidential advice about your family law situation, please contact Brisbane family lawyer and accredited specialist Tuskeen Jacobs at t.jacbos@rostroncarlyle.com or 07 3009 8444.

 

Helena Redmond
Trainee Solicitor, Family Law