Safeguarding Children Series: Family Law Watchlist (aka airport watchlist)
The children have passports and you have reason to suspect that the other parent will take the children out of Australia. What do you do? You should seek urgent legal advice from a family lawyer is the simplest answer, but here is some more information that might help.
In Australia, ensuring the safety and well-being of children is a paramount concern for both society and the legal system. Recognizing the vulnerability of minors in various circumstances, measures have been established to safeguard their interests and protect them from potential risks. One such crucial safeguard is the Family Law Watchlist, a tool designed to prevent children from being taken out of the country without proper authorization. In this article, we delve into what the Family Law Watchlist entails, how parents or guardians can utilize it, and the significance of doing so in ensuring the safety of children.
What is the Family Law Watchlist?
Parents have the ability to put their children’s name on the Family Law Watch List, or sometimes referred to as ‘airport watch list’. The reference to ‘airport watch list’ is a bit inaccurate however because by placing the children’s names on the Watch List it actually puts their names on a list at all departure pints of Australia. So that includes airports and boat terminals. Once the children’s names are placed on the Watch List it will prevent the children being permitted to leave the Commonwealth of Australia. The Family Law Watchlist is a register maintained by the Australian Federal Police (AFP) under the Family Law Act 1975. It is specifically designed to prevent children from being taken out of Australia by a parent or guardian without the consent of the other parent or relevant authorities. Placing a child's name on the Family Law Watchlist alerts border control agencies, airports, and other relevant authorities to prevent the child's unauthorized departure from the country.
How do I get my child’s name on the Watchlist?
The question is, how do you get their names on the list? Well to that there either needs to be a Court Order OR simply an Application made the Court seeking an Order that the children be placed on the Watch List. So you can get an Application filed by a lawyer urgently which sets out among other parenting orders sought (if parenting orders are sought) that the children be placed on the Watch List. Once that Application is filed in the Court, a sealed copy of the Application can then be immediately served upon the Australian Federal Police together with a completed Australian Federal Police (AFP) Watch List Request Form.
You don’t need the Court to hear the matter before putting the names on the Watch List, all you need is the Application to be filed that seeks in the Orders sought the Watch List orders. As soon as the Australian Federal Police are served with the Application and Request From, then the children’s names are placed on the Watch List and are protected from being removed from Australia. Your Application to the Court will then take its normal course and when your matter is heard before the Judge you can ask for an Order to be made keeping the children’s names on that Watch List until you can reach an agreement with the other parent or until the Court makes a further Order removing the children’s names from the Watch List.
Your Application to the Court will need to address not only the parenting dispute but the legitimate reasons for the need of the children’s names to be placed on the Watch List. It is important therefore that parent’s get legal advice about what Orders to seek and what information needs to go into the Affidavit.
Why Would You Want to Place a Child's Name on the Family Law Watchlist?
Where a parent has reason to believe that a child might be removed from Australia before the next business day then they can call an after-hours Court service and potentially get the Watch List Order made immediately.
There are several reasons why a parent or guardian may choose to place a child's name on the Family Law Watchlist:
Preventing Parental Child Abduction: One of the primary reasons for placing a child's name on the Watchlist is to prevent parental child abduction. In cases of family breakdown or disputes over custody, there may be a risk that one parent may attempt to take the child out of the country without the consent of the other parent or legal guardian. Placing the child's name on the Watchlist serves as a deterrent and ensures that border control agencies are alerted to any attempts to remove the child from Australia unlawfully.
Ensuring Compliance with Court Orders: For parents or guardians with custody arrangements or court orders in place, placing the child's name on the Watchlist helps ensure compliance with these orders. It provides an additional layer of protection to prevent any deviations from the agreed-upon arrangements and ensures that the child's best interests are upheld.
Protecting Against International Child Trafficking: Placing a child's name on the Watchlist also helps protect against the risk of international child trafficking. By alerting authorities to potential risks associated with the child's travel, it enables them to take necessary precautions to safeguard the child's welfare and prevent exploitation.
The ramifications of a child being removed from Australia can be significant, especially where that child might be taken to a country that is not a signatory to The Hague Convention on the Civil Aspects of International Child Abduction. Tune in again for more on that specific topic.
What a parent needs to take away from this article is that if they are in dispute with the other parent about international travel for a child, where there are no Orders to offer the parent security of a child being returned to Australia or where there is risks that a parent is likely to take a child from Australia for any reason that causes concern for the parent remaining in Australia, then they need to get immediate advice from a qualified family lawyer.
The Family Law Watchlist serves as a crucial tool in safeguarding children in Australia against the risks of unauthorized travel and abduction. By understanding how to utilize the Watchlist and the reasons for doing so, parents and guardians can take proactive steps to protect their children and ensure their safety and well-being. In an ever-changing world, where the safety of our children is paramount, the Family Law Watchlist stands as a beacon of protection, helping to ensure that our precious ones are kept safe from harm.
At Dannielle Young Mediation, I can help you incorporate protective clauses into your parenting agreement that deal with arrangements that can wither permit or prohibit the children travelling both internationally and interstate.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalised guidance on your family law matters, please consider consulting with a qualified legal professional.
