Good morning
Airport Watch List
I have had clients who have contacted me to stop their partner taking their child out of the Australia with the intention to never return. I have made successful applications in the appropriate circumstances to have a child placed on the Airport Watch List. This prevents the child leaving Australia through any Australian airport.
Under the Family Law Act 1975, the process to have a child placed on the airport watch list (also known as the Family Law Watch List) involves seeking a court order. Once a court order is granted a child is prevented from being taken out of Australia. The order will be for a defined period or only by the consent of both parents usually for a defined period.
Steps to Place a Child on the Airport Watch List:
1. It is necessary to file an Application with the Federal Circuit Court and Family Court of Australia. This application is usually part of a broader family law proceeding, such as custody or parental responsibility disputes.
2. You will need to provide an affidavit containing evidence supporting the belief that there is a risk of the child being removed from Australia. This might include statements about previous threats, attempts to take the child overseas, or any other relevant information.
3. The court will schedule a hearing to consider the application. In urgent cases, an interim or ex parte order (without the other party being present) can be sought to place the child on the watch list immediately. During the hearing, both parties can present their case, and the court will assess whether there is a genuine risk of the child being taken out of the country.
4. If the court is satisfied that there is a risk, it will issue a Family Law Watch List order. This order directs the Australian Federal Police (AFP) to place the child’s name on the watch list, preventing them from leaving Australia without court permission.
5. Once the court makes its order, the court order is sent to the AFP, who will then place the child’s details on the airport watch list. The AFP monitors all Australian international airports and will intervene if an attempt is made to take the child out of the country.
6. The order typically includes conditions for review and compliance. For example, the order might be in place for a specific period or until a further court decision. The party who obtained the order must keep the court informed about any changes in circumstances that might affect the necessity of the order.
We recommend that it is highly advisable to seek legal representation to navigate the complexities of family law and ensure that the application is properly prepared and presented. In cases where there is an immediate risk of removal, an urgent application can be made, and interim orders can be sought to quickly place the child on the watch list.
At all times the court’s primary consideration in making such orders is the best interests of the child, including their safety and well-being.
We have successfully obtained such orders for our clients and are able to provide the guidance and assistance required, to file an application and the accompanying affidavit. If you or anyone you know needs this assistance please contact me as a matter of urgency.
Best regards,
Jeffrey
0419 233 670
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Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.
