What you should do immediately

Make sure you have your child’s official documents, including their passport (if they have one) and recent photos of the child and their other parent. You should also note the contact details of family and friends located overseas where the other parent may take your child.

 

If you are thinking of taking your child overseas

If you are a parent who is considering removing a child from Australia without the other parent’s agreement you should think twice.  Doing so may constitute a criminal offence punishable by up to three years in prison.  If you want to relocate overseas with your child you should seek the other parent’s agreement in writing, or seek relocation orders through the Australian Family Law Court

 

Stopping your child from leaving Australia

The Australian Federal Police (AFP) can place your child’s name on the Airport Watch List, which is a system designed to prevent children whose parents are involved in Family Law proceedings being removed from Australia without the consent of the Court. To place your child’s name on this list you will be required to obtain a Court Order or an application for an immediate order to prevent your child from being taken from Australia.  This will empower the AFP to prevent travel where it may constitute an offence.

You can find out more about the Watch List by looking at the AFP Family Law Kit on the AFP website www.afp.gov.au.

You can apply to the Family Court of Australia, the Federal Magistrates Court, or the Family Court of Western Australia for an order placing your child on the Airport Watch List.  You will require to submit the court order requesting the AFP to place your child on the Watch List with your application.

You can gain assistance to obtain these orders by contacting a lawyer, community legal centre or legal aid.  

 

Preventing a passport being issued for your child

Even if your child already has a passport and it is in your possession, you can raise a Child Alert Request with the Australian Passport Office of the Department of Foreign Affairs and Trade. It will warn the department that there may be circumstances that need to be considered before issuing a new passport to your child.

You can complete a Child Alert Request (PC9) form online at https://www.passports.gov.au/Web/ChildAlert.aspx.  

The form must be printed and submitted to the Australian Passport Office in hardcopy with your signature.

A Child Alert will not prevent your child from travelling if she/he already holds an Australian passport or a travel document issued by another country that is in the other parent's possession. You will need to contact the Embassy, High Commission or Consulate of that country in Australia to find out if you can apply to stop a foreign passport being issued for your child.

Contact details for foreign government representatives in Australia can be found at http://protocol.dfat.gov.au/Mission/list.rails.

Contact the Australian Passport Information Service for more information.

Source: Australian Government Attorney General's Department

 

Contact details

Australian Federal Police

Phone: Contact the AFP Operations Coordination Centre, Family Law – Airport Watch List Alerts - on (02) 6126 7999.

Website: www.afp.gov.au

Australian Family Law Courts

Phone: Contact the Family Law Courts national enquiry centre on 1300 352 000.

Website: www.familylawcourts.gov.au

Family Court of Western Australia

Phone: Telephone call centre (08) 9224 8222.

Website: www.familycourt.wa.gov.au

Australian Passport Information Service

Phone:  131 232 – 8 am to 8 pm Monday to Friday, and 8.30 am to 5pm weekends and most public holidays (Australian Eastern Standard Time)

Website: www.passports.gov.au

 

More reading:

Can one parent legally change a child's surname?

7 Ways parents can help children cope with separation and divorce

Relocating to another state with your child after divorce: steps you can take

Life of an alienated parent: Coping with the trauma of parental alienation

Can a violent man be a valuable father figure?

Why is My Health Record a risk for single parents?

Back to School After Holiday Divorce

Brisbane mum on the run with kids sentenced to jail

 

Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach

The information in this article is general in nature and should not be considered as professional advice. You should seek the advice of a registered professional who will be able to appropriately assess your specific circumstances before offering their expert opinion