Overseas travel with children can be an exciting opportunity for both parents and children alike. However, in the context of family law parenting disputes, especially when separation is imminent or has recently occurred, overseas travel can be fraught with concerns and risk.
If there are concerns about, or risks of, a child or children being taken overseas by a parent or a third party without the consent or knowledge of their other parent, there are immediate steps that can be taken to address this on a short term and/or final basis.
The airport watchlist
A child's name can be urgently placed on the Family Law Watchlist, which is often referred to as the 'airport watchlist'. This is a list that is managed by the Australian Federal Police and operates as an alert system at all of Australia's ports, such as airports and harbours. If a passport in the name of a child on the airport watch list is used at an international port, an alert will be issued to the Australian Federal Police, who will stop the child progressing through the international exit. The airport watch list aims to prevent the child leaving Australia without the consent of both parents.
How to register a child on the airport watchlist
To place a child on the airport watchlist, a parent must file an application in the Federal Circuit and Family Court of Australia (Court). This application must seek orders on an interim basis for the child's name to be placed on the Family Law Watchlist and for the Australian Federal Police to give affect to that order.
Once an application has been filed, the parent or their legal representative can provide this application alongside the Family Law Watchlist Request Form to the Australian Federal Police. Once this is processed, the children will be placed on the Family Law Watch list until the Court considers the application at the first hearing of the proceedings.
The Court may or may not make orders at the first hearing; however, the period in between the making of the urgent application and the first hearing is often the most emotive and uncertain for people using the family law system. Therefore, this process provides immediate protection regarding the child or children being removed from Australia and provides time for the parents and their legal representatives to negotiate further arrangements.
Where children have already been removed from Australia
If a child has already been removed from Australia, the non-consenting parent will need to either make an application for their return under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention), or determine whether they have a course of action under the local laws of the country where the child or children are located. You can find out more about the Hague Convention in our articles here and here.
This article referred to a child's parents; however, some children reside with people who are not their parents. These people can also apply for parenting orders in the Federal Circuit and Family Court of Australia as they are recognised under Australian law as people who are concerned with the welfare and development of the children.
Matters involving international travel and international parenting disputes are technically difficult and require specialist knowledge and experience to navigate. If you are involved in a relationship breakdown that crosses international jurisdictions, it is important that you secure appropriate legal advice from an organisation with alliances in other countries.
Lander & Rogers has extensive experience in international relationship and family law matters, including international maintenance and child support. Our memberships of the International Academy of Family Lawyers and international referral network, TerraLex, enable us to support the interests of our clients in every overseas jurisdiction.
For more information on how the recent amendments to both the family law and criminal law may impact you and your family, please contact our experienced Family & Relationship Law team.
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