International child abduction is a serious issue that many families may not consider. An
Airport Watchlist Order (AWL) is a legal safeguard designed to prevent the removal of a
child from Australia without proper consent or court approval.
If you have genuine concerns that a parent, relative, or other individual might attempt to
remove your child from the Commonwealth of Australia unlawfully, an AWL can be an
essential step in safeguarding the child’s wellbeing.
What is an Airport Watchlist Order?
An AWL is a legal measure that prevents a person from taking a child out of Australia.
The Order can be either absolute, meaning it will prevent travel, or it can be conditional,
meaning the child can travel with consent or written agreement.
If you suspect that the other parent or a third party may take your child overseas without
your knowledge or consent, it is crucial to assess whether an AWL is appropriate for
your situation. While travel arrangements, particularly during school holidays, can
sometimes create disputes, the primary purpose of an AWL is to prevent international
child abduction or unauthorized travel outside of Australia.
If the Court grants the order, the child’s name will be placed on the Airport Watchlist and
authorities like the Australian Federal Police (AFP) will be notified. This means that if
anyone attempts to leave the country with the child, they will be stopped at the airport
and not be permitted to travel.
How do I Seek an Order to Place a Child be on the AWL?
If you have concerns a parent or other person may abduct your child it is important that
you seek legal advice to understand your rights and to discuss the best course of action.
The two main steps in seeking an Order include:
1. Seeking Parenting Orders limiting travel for the child and requesting the AFP
place the child on the watchlist; and
2. Completing a Request Form and lodging the same with the AFP.
It is recommended that you seek legal assistance to complete the above steps.
Parents must be able to demonstrate that the court has decided or will make a decision
in relation to a child’s ability to travel overseas. The AFP will accept finalised court
orders or parenting orders or an application that has been filed with the Court seeking a
court order or parenting order.
If an Application has been made to the Court for a child to be placed on the AWL, the
child can be placed on the AWL on an interim basis. This acts as a protective measure
to ensure the child will not be removed from the Commonwealth of Australia whilst
waiting for the Court to hear the application.
It is further important to note that once parenting orders are made it is an offence to take
or send a child out of Australia without the consent of the other party or a further court
order.
Will my Child Remain on the Airport Watchlist Indefinitely?
An AWL should specify a defined period, and the AFP prefer that orders are made for a
period of up to 3 years. Despite this suggested timeframe, the Court will determine the
duration based on the specific circumstances of each case.
Again, as mentioned above, an AWL order may be made on an interim basis or until a
further order is made therefore, it may be removed before the specified period.
If a child is on AWL, and you wish to remove them, you typically need to obtain a further
order from the Court.
What if Someone is Attempting to Take My Child Overseas Without Consent?
If you believe someone is planning to take your child overseas without your permission,
act quickly. Even though both parents are required to sign a passport application for
children under 18, the risk of abduction remains. In such cases, seek urgent legal advice
and notify the authorities.
Are there any other options available to me?
Yes, there are alternate measures which may be taken:
1) You may apply to the Court for an order which prevents a passport being issued,
or lodge a ‘Child Alert Request’ to the Australian Passport Office.
2) You may seek an order which mandates that the parent and/or child’s passport
be surrendered to the Court.
Please contact our Intake team on (03) 8415 5600 or email us at
reception@hartleyslawyers.com.au if you require assistance.
If you have concerns for the immediate safety of your child, contact your local police on
000.
If there is a risk of your child being taken overseas before the next working day,
parents may make use of the Federal Circuit and Family Court of Australia’s urgent out
of-hours service: 1300 352 000.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any
course of action.