Family Law Watch List Orders.
The Family Law Watchlist is maintained by the Australian Federal Police (AFP) and is designed to prevent a child from being removed from Australia in certain circumstances.
A child may be placed on the Family Law Watchlist where there is a genuine concern that a parent may attempt to remove them from Australia without the other parent’s consent or contrary to Court orders.
Circumstances which may support an application include:
Threats or statements by a parent that they intend to take the child overseas;
Overseas travel arrangements being made without the knowledge or agreement of the other parent;
Concerns regarding access to the child’s passport or another foreign passport;
A parent having significant connections to another country, particularly where there are other circumstances suggesting an intention not to return;
Previous attempts to remove or relocate the child without agreement;
A risk that, if the child leaves Australia, securing their return may be difficult.
Each case is different. For example, the existence of dual citizenship, overseas family connections or a desire to travel internationally alone will not likely be sufficient to secure a Watch List Order. The Court will consider the particular circumstances and the evidence supporting the alleged risk.
Where there is an imminent concern, an urgent application can be made to the Federal Circuit and Family Court of Australia seeking orders restraining the child’s removal from Australia and requesting that the child be placed on the Family Law Watchlist. We are available afterhours, should you be concerned there is an imminent risk of travel.
These applications can be extremely time sensitive. Once a child has departed Australia, the Family Law Watchlist cannot secure their return and different legal processes may be required.
Conversely, being placed on the Family Law Watchlist does not necessarily mean a child can never travel overseas. A parent may seek orders permitting international travel or removing the child from the Watchlist. In determining such an application, the Court may consider the purpose and duration of the proposed travel, the destination, the risk of non-return and whether appropriate safeguards can be implemented.
Sayer Jones have experience acting in urgent parenting disputes involving proposed international travel and the risk of children being removed from Australia. We can assist with urgent applications to place a child on the Family Law Watchlist, applications concerning passports and overseas travel, and applications to permit travel or remove existing restrictions. We also regularly represent clients opposing those applications.