Parents often utilise the Christmas period and Term 4 school holidays to travel internationally with their children. For separated families, international travel can sometimes become an issue of concern, especially if one parent does not agree to a child travelling outside of Australia.
There are many reasons separated parents may become concerned about children travelling internationally. Some of these reasons could include:
- A child is eligible for a foreign passport and only one parent’s signature is required for a passport to be issued.
- A child has a foreign passport that is accessible to only one parent.
- One parent has a connection overseas, such as family who reside internationally.
- The proposed travel location is not a signatory to the Hague Convention.
In family law matters, if there are concerns about a child being removed from Australia, parties are able to request that the Court places a child’s name on the Family Law Watchlist.
What is the Family Law Watchlist?
The purpose of the Watchlist is to prevent children from being unlawfully removed from Australia. The Watchlist places an alert on a child’s name, date of birth and passport. The Watchlist operates by identifying children whose names are on the Watchlist that are attempting to leave Australia, either through an international airport or seaport. The Watchlist is maintained and monitored by the Australian Federal Police, who take steps to ensure that children named on the Watchlist remain in Australia.
Children being on the Watchlist
A child may appear on the Watchlist if:
- There is a current application before the Federal Circuit and Family Court of Australia which seeks to limit or prevent a child from traveling internationally.
- There is a Court issued parenting order or injunction which limits or prevents a child from travelling overseas.
- A parenting order or injunction is under appeal.
How do I apply for my child to be on the Family Law Watchlist?
One way to have your child included on the Watchlist is to file an Application with the Federal Circuit and Family Court of Australia. After the Application has been filed with the Court, you should send the Application you filed and a Family Law Watchlist Request Form to the Australian Federal Police. We recommend that after completing this step, you confirm that your child’s name is on the Watchlist. You can do this by completing a Family Law Watchlist Enquiry form, which is available online.
If you hold genuine concerns about your child being taken unlawfully outside of Australia, we recommend that you obtain advice from a family lawyer. In matters such as these, it can be critical to act quickly and there are mechanisms available that allow a party to bypass the pre-action processes, such as Family Dispute Resolution.
Written by
Olivia Brennan
Family Law Solicitor
It is also important to speak to a family lawyer first. We have experienced solicitors in Newcastle and the Central Coast area that can help you through your family law matter.
We offer a fixed fee initial consultation from $330. Simply Contact one of our friendly staff members to make an appointment.
