Some parents may have concerns about their children being taken overseas, without consent or a Court Order permitting such travel. In these serious circumstances, parents can apply to the Federal Circuit and Family Court of Australia seeking that their child be placed on the Airport Watchlist.
The Airport Watchlist is managed by the Australian Federal Police, and places an alert on a child’s name, date of birth and passport. When trying to leave the country, an alert will be issued that the child is not permitted to leave.
To apply to have a child’s name placed on the Airport Watchlist, a parent must file an Initiating Application with the Federal Circuit and Family Court of Australia seeking such orders. Once filed, a request form with the sealed Initiating Application can be sent to the AFP, and the child will be placed on the Watchlist within a few hours.
In making such an application, it is important to consider the following:
1. How urgent is your application?
If you are concerned about an imminent risk of a child being taken unlawfully from Australia, you can make an urgent, after hours application to the Court for an Order, rather than filing an Initiating Application. It is important that you seek legal advice as soon as possible if you are concerned about a serious, imminent risk.
2. Why are you concerned about the other parent travelling overseas?
You need to have a good reason to seek that a child is placed on the Airport Watchlist. For example, in a situation where the other parent has connections to another country, they have packed up or sold their house, they have quit their job and the child has a passport, this may be sufficient to cause reasonable concern that the other parent will take the child overseas, and warrant an Airport Watchlist application.
3. Does the child have a passport or any way of travelling overseas?
You need to consider whether the other parent has access to the child’s passport, or whether they can make a sole application for a passport if the child does not have one.
4. Do you want to travel overseas in the future?
If you make an application seeking that a child be placed on the Airport Watchlist, you need to be aware that this means the child will not be able to travel, even if they are travelling with you. This is called an “absolute” order. You can instead make an application for a “conditional” order, which would permit you or the other parent to travel if you have written consent. It is very important to notify the AFP if you intend to travel with a child where there are “conditional” orders requiring the child to be placed on the Airport Watchlist.
If you are concerned that your child has already been taken overseas, you may be able to make an application seeking the return of the child under the Hague Convention.
You should seek legal advice from a family law specialist if you are considering making an application to place your child on the Airport Watchlist. Please contact Robinson + McGuinness Family Law on (02) 6225 7040, email info@rmfamilylaw.com.au, or get started online with one of our experienced family lawyers.