Family Law Watch List

First principles: A parent is required to obtain the consent of the other parent to take a child outside Australia unless there are Orders of the Court permitting that travel.

The Family Law Watchlist is designed for situations where a child is at risk of being taken from Australia without the consent of the other parent. The Australian Federal Police maintains a register of names of children to be prevented from being unlawfully removed from the Commonwealth of Australia. Where a parent or other 3^rd party attempts to remove a child on the family law registered from Australia, the AFP will be alerted and may take steps to prevent that child leaving Australia. The list operates at all ports and airports in Australia.

If there is a risk a child may be removed from Australia without consent of the other parent, that parent can apply to the Court for any or all of the following Orders:

1. An Order restricting the Australian Passport Office from issuing a passport (a Child Alert);
2. An Order requiring the other parent to deliver the child’s or the travelling parents’ passport to the Court or a lawyer representing one of the parties;
3. An Order placing the child on the Family Law Watchlist;
4. An Order restraining the removal of the child from Australia.

A Child Alert Request can also be made directly to the Australian Passport Office without an Order of the Court but this will only remain valid of 12 months, whereas an Order will remain in force until discharged or when the child turns 18.

How to put a child on the family law watchlist: A Step by Step Guide

1. Make an Application to the Court seeking an Order that the child be added to the Family Law Watchlist. You may need to seek an exemption to the requirement to attend family law dispute resolution in circumstances of urgency. A supporting affidavit would be necessary in such circumstances; OR
   1. The AFP publish suggested wording for the Orders on their website Family law kit | Australian Federal Police (afp.gov.au)
2. If an Application is already on foot and the Court has made orders limiting, preventing the child’s travel, issued an injunction or there is an appeal pending in relation to those things, you can provide documents to the Australian Federal Police;
3. Fill out the Family Law Watchlist Request Form;
4. Serve the sealed Initiating Application, Orders or Appeal on the Australian Federal Police to the email address contained in the Request Form at 3 above. The Court will not do this for parties.

Cautions:

The Court takes a negative view of parents who apply to have a child put on the watchlist without genuine motives (i.e. a genuine concern that a child will not be returned, will be unsafe or otherwise at risk by virtue of being taken outside Australia).

A child will remain on the watchlist unless and until they are removed from the Watchlist. If the period of time has elapsed or litigation has been finalised, a parent proposing to travel should seek confirmation from the AFP if the child remains on the list or not. It takes time to have a child removed from the watchlist and the process for removing the child depends on how the child was first placed on the watchlist. This should not be left until the date of travel or shortly before lest a parent be prevented from leaving the country with a child even where the other parent consents.

 

Chamberlains Law Firm has a team of Family Law experts that can assist you with the legal questions arising out of your relationship.