I am concerned that my former partner will travel overseas with my child and not return – what can I do?

This article explains how parents can urgently protect their child from being taken overseas without consent through Watchlist Orders, passport injunctions, and Parenting Orders—and why engaging a Specialist Family Lawyer is crucial for success.

If you're concerned your child may be taken overseas without your consent, you can apply for:
  • A Watchlist Order to stop them from leaving Australia

  • An injunction to prevent passport issuance

  • Parenting Orders that set clear travel restrictions

Due to the complexity and urgency of these applications it is highly recommended that you engage a Specialist Family Lawyer.

What is the Family Law Watchlist?

The Family Law Watchlist is designed to prevent children from being unlawfully removed from Australia. The Watchlist operates at all international sea ports and airports within the Commonwealth of Australia and is maintained by the Australian Federal Police.

What is an injunction to prevent passport issuance?

An injunction to prevent passport issuance is a court order that stops a child from obtaining or using a passport. It is used in family law matters when there is a concern that one parent may try to take the child out of Australia without the other parent’s consent.

This type of injunction can:

  1. Prevent a passport from being issued to the child (if they do not already have one)
  2. Prevent a parent from applying for or renewing the child’s passport
  3. Stop a parent from using the child’s existing passport to take them overseas

Parenting Orders

An experienced Family Lawyer can help you obtain Parenting Orders that include specific travel restrictions to ensure your child’s safety and protect your rights when it comes to international or interstate travel. These orders are legally binding and can prevent a parent from taking a child out of Australia—or even out of a specific area—without permission.

Why use a Family Lawyer?

Ensuring Your Application Is Strong & Legally Sound

  1. A Family Lawyer knows exactly what the Court looks for when granting a Watchlist Order.
  2. They ensure your affidavit is detailed and persuasive, clearly outlining why your child is at risk of being taken overseas.
  3. They help gather relevant evidence (e.g., past threats, travel plans, financial records) to strengthen your case.
Without a lawyer, you might miss crucial legal points, leading to delays or rejection of your application.

Fast-Tracking Urgent Applications

  1. If there is an immediate risk of abduction, a lawyer can request an urgent court hearing and fast-track the application.
  2. They know how to navigate court procedures quickly to prevent unnecessary delays.
  3. If your ex-partner has booked flights, a lawyer can help apply for interim orders to block travel immediately.
Without a lawyer, you may struggle to get the application processed quickly enough, increasing the risk of your child leaving Australia.

Avoiding Costly Mistakes

  1. Court applications must be filed correctly—errors can cause delays or even result in rejection.
  2. A lawyer ensures all forms, evidence, and legal documents meet the Court’s strict requirements.
  3. If additional orders (like passport restrictions) are needed, a lawyer will ensure they are included.
Without a lawyer, small mistakes in paperwork can delay your case or weaken your argument in court.

Managing Opposition from the Other Parent

  1. If your ex-partner disputes the application, a lawyer can respond effectively and argue your case.
  2. They can challenge false claims, provide counterarguments, and ensure the Court understands the real risks.
  3. If the other parent wants to take the child overseas, a lawyer can help oppose or negotiate safe conditions for travel.
Without a lawyer, you may struggle to prove your concerns or respond to legal arguments made by the other side.

Representing You in Court & Handling Hearings

  1. A lawyer advocates for you in court, ensuring the judge understands the urgency of your case.
  2. They can cross-examine your ex-partner if necessary.
  3. If further hearings are needed, they help you prepare and navigate the legal process.
Without a lawyer, you may feel overwhelmed in court, which could weaken your ability to argue your case effectively.

Providing Long-Term Legal Protection

  1. A lawyer can help you apply for additional parenting orders to prevent future abduction risks.
  2. They can help restrict passport applications for your child if necessary.
  3. If a Watchlist Order is granted, they ensure you understand your legal responsibilities and next steps.
Without a lawyer, you may not fully secure your legal protections, leaving gaps that could be exploited later.

It is important that you obtain advice from a Specialist Family Lawyer if you have any concern that your child may be taken overseas without your consent. It is important to act fast and to ensure the relevant mechanisms are in place to protect you and your family. Engaging a Family Lawyer increases your chances of:

  • Getting the order approved quickly
  • Preventing your child from leaving Australia
  • Avoiding costly legal mistakes
  • Effectively handling opposition from the other parent

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  • Comprehensive on-the-spot legal advice tailored to your circumstances
  • Develop a plan to secure your best future
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The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.

Author
Associate Solicitor