In preventing your child from leaving Australia, you can apply for a court order that restricts overseas travel. On application this can take the form of the court physically holding the child’s passport until consent by the parents or court is provided. Once this order is made penalties apply to either party that breaches the order.

On application, the court also has the power to place children on watch lists. Upon notice of the court order the AFP can place the child on the Airport Watch List until further ordered. This has the effect of notifying border security of any attempt to remove the child from leaving Australia. Stopping them at the border.

Another option is Child Alerts. You can make these independently, upon application to the Department of Foreign Affairs and Trade with a written statement of your concerns. These can stay in place for 12 months if not supported by the court.

If you are wishing to go on holiday with your children or are concerned about the other parent taking your children without consent, it is important to correctly understand your responsibilities. Failure to do so can involve substantials penalties and up to three years gaol.

If you have any concerns or questions about children traveling overseas you should contact our specialised legal experts at BurkeMead.

Preventing a child from leaving Australia