If you’re concerned about your child being taken out of Australia without your permission, you might be wondering, “How do I put my child on the airport watch list?” This process is used to ensure that children are not unlawfully removed from the country.
What Is the Australian Airport Watch List for Children?
The Australian Airport Watch List is an essential tool designed to prevent the illegal removal of children from Australia. Its main purpose is to alert authorities when someone attempts to take a child out of the country without permission from the relevant legal authorities or a court.
The Australian Federal Police (AFP) manages this list in cooperation with airport security and immigration officers.
If a child is added to the airport watch list, Australian authorities will be notified if someone tries to take them through an international airport or port. This measure can be crucial in cases where there are concerns about parental child abduction, non-compliance with custody orders, or international custody disputes.
It acts as a safeguard to ensure that children remain in Australia while any legal disputes are resolved.
Who Can Apply to Have a Child Placed on the Airport Watch List?
Parents, legal guardians, or anyone with parental responsibility for a child can apply to have the child placed on the airport watch list. If you’re concerned that your child may be taken overseas without your consent, you may be eligible to seek a court order to have your child added to the list.
The most common reasons for applying include:
- Fear that one parent might take the child out of the country without consent, especially if there’s a history of threats or prior attempts.
- An ongoing dispute over custody or parenting arrangements, where one party might disregard court orders.
- Concerns related to international parental abduction, particularly if one parent has ties to another country and might attempt to relocate with the child.
In some cases, even family members or close friends of the parents may be able to apply if they can show that they have legal standing and the child’s welfare is at risk. Importantly, there must be a solid reason and evidence for the concern, as the court will evaluate each case carefully.
Also Read: The Family Law Act 1975: Setting the Framework for Child Custody Laws in Australia
How Do I Apply for a Watch List Order in Family Court?
To place your child on the airport watch list, you need to apply for a “Family Law Watch List” order through the Family Court of Australia. This process involves several steps, starting with filing an urgent application with the court. The court will review your situation and determine if the child should be placed on the list. Here’s a step-by-step overview of how the application process works:
- File an Application: Start by filing an application with the Family Court for a parenting order, which includes a request for the child to be placed on the Family Law Watch List. If the situation is urgent, you can ask for an expedited hearing.
- Provide a Supporting Affidavit: Along with your application, you must submit an affidavit that outlines your concerns. This affidavit should detail why you believe the child is at risk of being taken overseas without permission and include any relevant evidence (discussed in the next section).
- Attend the Hearing: The court will schedule a hearing, where both parties may present their case. If the matter is extremely urgent, the court can make an interim order, placing the child on the watch list immediately, before hearing the full case.
- Obtain a Court Order: If the court is satisfied that your child is at risk, it will issue a watch list order. This order is then provided to the Australian Federal Police, who will place the child on the watch list.
- Inform the AFP: After the court order is granted, you must inform the Australian Federal Police (AFP) to ensure the child’s details are added to the watch list. The AFP will then take necessary steps to monitor all international departure points.
What Evidence Is Needed to Place My Child on the Watch List?
The court will require solid evidence to grant an order to add your child to the airport watch list. You must demonstrate that there is a real risk of your child being taken out of the country without consent. This evidence can include:
- Communication: Emails, text messages, or social media posts where the other parent or guardian expresses an intention to take the child overseas.
- Past Behaviour: Any previous attempts or threats by the other parent to remove the child from Australia.
- Travel Bookings or Documents: Proof that the other parent has made travel arrangements for the child, such as booked flights or obtained a passport.
- Existing Custody Orders: If there are any current parenting or custody orders in place, and one parent is trying to breach these arrangements.
- International Ties: Evidence that the other parent has significant connections to another country, such as family, property, or employment, which may suggest a plan to relocate.
The more evidence you can provide to support your concerns, the stronger your case will be. This helps the court to assess the risk accurately and determine whether placing the child on the watch list is necessary.
How Long Does a Watch List Order Remain in Place?
The length of time that a child remains on the airport watch list depends on the court order. Typically, the order will stay in effect until the court decides otherwise. This could mean the child is on the list temporarily or for a longer period, depending on the circumstances of the case.
If your concerns continue, you may request the court to extend the duration of the watch list order. Conversely, if the situation improves, either party can apply to have the order removed, and the court will reassess whether the child should remain on the list.
It’s important to remember that a watch list order is not permanent. The Family Court regularly reviews these orders to ensure they are still necessary. If there is no longer a risk of abduction, the court can remove the child from the list.
Protecting Your Child’s Safety
When considering the safety of your child, placing them on the airport watch list can be a critical decision. The process is designed to prevent unlawful removal and ensure that disputes over parental responsibility are properly resolved before any travel occurs.
If you’re worried about your child being taken overseas without your consent, speaking with an experienced family lawyer can help guide you through the process. The Family Court of Australia takes these matters seriously, but gathering the right evidence and understanding the legal steps is essential to making your case.
Your Family’s Safety Matters – We Can Help
At Walker Pender, we understand that your child’s safety is your top priority. Our team of experienced family lawyers is here to provide support and expert legal advice on how to put your child on the airport watch list and protect them from unlawful removal.
Reach out to us today to discuss your options and take the necessary steps to safeguard your family. Contact Walker Pender today to schedule a consultation.
