26th Jan, 2022
The Family Law Watchlist prevents children from leaving Australia during ongoing parenting disputes. Learn how to remove a child's name, whether through consent or court application.
The Family Law Watchlist is a list of children’s names which is maintained by the Australian Federal Police and will alert police should a named child present at any international departure point. The Watchlist is designed to stop children from being removed from the country while parenting arrangements are still ongoing.
With international borders beginning to open following the COVID-19 pandemic, a parent may seek for a child to be removed from the Watchlist if the threat of a child being permanently removed from Australia is no longer present or a parent seeks to travel overseas with a child for a holiday.
If the Family Law Watchlist Order unreservedly prevents the child from travelling overseas, and there is no consent between the parents for the child’s name to be removed then an Application will need to be made to the Court for the removal of the child’s name.
The Court, in determining the Application, will need to consider whether the risk of the child being permanently removed from Australia still exists.
If, however, both parents consent to the child’s name being removed from the Watchlist, then an Application for Consent Orders could be filed with the Court. Depending on the background of the proceedings, the Court may still require an appearance by the parents before discharging the order.
If you require assistance with removing your child’s name from the Family Law Watchlist, please call 07 3185 2167 or click here to book an initial consultation.
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