Do you have concerns that your child may be removed from
Australia against your permission? Have you agreed to your child traveling
overseas with the other parent but there is a genuine fear that they may not
return your child to Australia?
We understand that this would be a stressful situation for
any parent.
If so, it may be important that you act immediately to
prevent this. You will need to obtain a Family Law Watch List from the Family
Law Courts preventing or limiting your child from travelling outside Australia.
A Family Law Watch List is also otherwise known as an Airport Watch List. If the
situation is urgent, the Courts may make an Order on an ex parte basis.
The Family Law Watch List directs the Australian Federal Police to put your child’s name on the Watch List which in effect, operates at all international departure points including sea ports until discharged by the Courts. It is crucial to note though that the Family Law Watch List does not restrict interstate travel. The Australian Federal Police will not place your child’s name on the Family Watch List without a Court Order, unless in very limited circumstances.
If a child does not have a valid passport, Australia
requires the other parent’s signature on the Passport Application form. If this
is the case, and you suspect the other parent may fraudulently make an
Application, you may, at first instance, consider whether a Child Alert Request
will suffice. A Child Alert Request is a warning to the Department of Foreign
Affairs and Trade not to issue an Australian Passport for a child without first
making further enquiries (https://www.passports.gov.au/passportsexplained/childpassports/Pages/childalerts.aspx).
If the other parent has an international passport, you can
make enquiries with embassies/consulates about the possibility of the other
parent obtaining an international passport for your child. If there continues
to be a real risk your child could travel on an international passport, you can
make an application for your child’s name to be placed on the Family Law Watch
List.
When facing with an application for a Family Law Watch List,
or an application for the child to travel overseas, the Courts uphold its
primary consideration being the child’s best interests – Will a travel abroad
be in the child’s best interest? What is the time period and reason for the
intended travel? Is there a real risk that the child will not be returned to
Australia? Is the intended/likely travel destination a Hague Convention
country? To find out whether a country is a Hague Convention country, go to https://www.ag.gov.au/FamiliesAndMarriage/Families/InternationalFamilyLaw/Pages/HagueConventionontheCivilAspectsofInternationalChildAbduction.aspx.
On the other hand, if you are a parent considering removing
a child from Australia without the other parent’s consent, or relocating
overseas, you should think twice as your actions may constitute an offence
punishable with imprisonment up to three years. If you wish to relocate with
your child, you should consult the other parent seeking an agreement in
writing, or seek Court Orders allowing your child to travel or relocate.
If you have a pressing fear that your child may be removed
from Australia unlawfully, or you simply wish to know more about international
travel arrangements, you can contact our attentive Family Law team on 03 9614 7111 or Melbourne@nevettford.com.au.
