What is the Family Law Airport Watchlist?

KEY TAKE-OUTS:

• The Family Law Airport Watchlist is a system that is governed by the Australian Federal Police to prevent the unlawful removal of children from Australia in Family Law matters.
• If a parent attempts to remove a child from Australia without the other parent’s consent or knowledge, the child’s name will be immediately flagged on the Family law Airport Watchlist and the Australian Federal Police will become involved.
• There are two types of Orders that can be sought to prevent a child from travelling overseas. Absolute Order – an ‘Absolute Order’ refers to an indefinite prohibition of international travel until a further Order is made. Whereas a ‘Conditional Order’ allows a child to travel overseas when both parents provide ‘authenticated consent’ confirming that they agree for the child to leave Australia.

What is the Family Law Airport Watchlist?

The Family Law Airport Watchlist is a system that is governed by the Australian Federal Police to prevent the unlawful removal of children from Australia in Family Law matters.

The aim of the Family Law Airport Watchlist is to alert the police from all states and territories within Commonwealth of Australia of the whereabouts of children who are at risk of being taken overseas without the consent of one or both parents. If a parent attempts to remove a child from Australia without the other parent’s consent or knowledge, the child’s name will be immediately flagged on the Family law Airport Watchlist and the Australian Federal Police will become involved.

How do I put my child on the Family Law Airport Watchlist?

In order to place a child onto the Family Airport Watchlist, a Family Law Watchlist Request form will also need to be submitted to the Australian Federal Police and an application to the Federal Circuit and Family Court of Australia will need to be made.

What type of Orders will I need to stop my child from travelling overseas?

There are two types of Orders that can be sought:

• Absolute Order – an ‘Absolute Order’ refers to an indefinite prohibition on international travel until a further Order is made. If no further Order is made, the child’s name will be removed from the Family Law Airport Watchlist at the end of the specified time or when the child turns 18. As an absolute order is an injunction, a child will not be permitted to travel overseas even if both parents provide written consent authorising the international travel. A further application will need to be made to the Court if one or both parents wish to remove the child from the Family Law Airport Watchlist.
• Conditional Order – a ‘Conditional Order’ will allow a child to travel overseas if both parents provide ‘authenticated consent’ confirming that they agree for the child to leave Australia. A parent will not be required to make an application to the Court, however the authenticated consent will need to be provided to the Australian Federal Police in writing.

A child can be placed onto the Family Law Airport Watchlist in any of the following circumstances:

• Parenting Orders have been made to limit or prevent the child from travelling overseas;
• An injunction has been issued by the Court to restrict the child from travelling overseas;
• The child is subject to a Parenting Order Application currently before the Court;
• The child is subject to an Application specifically seeking for the child to be placed onto the Family Law Airport Watchlist; or
• The child is subject to a Parenting Order or Injunction under appeal.

Can police enforce these Family Court orders in Australia?

It is an offence punishable by imprisonment if a parent removes a child from Australia without the consent of the other party, particularly when there are Parenting Orders in place which restrict or limit the child from travelling overseas, or when there are pending parenting proceedings on foot.

If you are concerned that your child is at risk of abduction by the other parent, we strongly suggest that you contact the police and obtain legal advice about the urgent steps that you need to take to retain your child in Australia.

Please do not hesitate to reach out to our family law team to make an appointment to discuss your options about placing your child onto the Family Law Airport Watch List.