In some circumstances, a parent who holds concerns about a child’s travel can apply for a child to be listed on the Family Law Watchlist, formerly known as the Airport Watchlist.
What is a Family Law Watchlist
It is a system used by the Australian Federal Police to monitor children who are prohibited by Court Orders from leaving Australia. When a departing parent attempts the unauthorised removal of a child from Australia, an alert is raised and the child will be stopped at the airport and prevented from leaving Australia.
It can be absolute or conditional. An absolute Order will stop the child from traveling altogether. A conditional Order will allow parents to provide consent via a statutory declaration to the Federal Police, and remove the child from the Watchlist for a defined period of time.
How to obtain a Family Law Watchlist
Taking or sending a child from Australia contrary to a court Order can result in a charge of contempt of Court.
To remove the child from the Family Law Watchlist, a further court Order will need to be sought. The Australian Federal Police cannot remove the child from the Watchlist without an Order of the Court.
If you have concerns about your child being taken overseas, get advice quickly.