What can I do if the other party takes the child(ren) overseas and doesn’t bring them back?

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What can I do if the other party takes the child(ren) overseas and doesn’t bring them back?

Our clients often ask us about that and we want to give some recommendations on what you should do if you are in the situation.
In the situation when there is a risk that one parent after separation, without the other parent’s consent, takes the child overseas and doesn’t bring the child back.

How can I prevent this from happening?

We call this situation a ‘flight risk’. So if it’s a flight risk, you can make an application to Federal Circuit and Family Court of Australia seeking that the child’s name be placed on the Airport Watchlist.

What happens after I lodge this application?

Once you lodge these documents with court, you will receive a sealed copy of the documents (i.e. your application to court) that you can send to Australian Federal Police. They will act on it almost immediately and place the child on the Airport Watchlist until further order from the court.

What does being on the Airport Watchlist mean?

It means that the child will not be able to cross the border and will be stopped.

If you are concerned this will happen to you or require assistance with you application, call us on 07 2113 4645 so we can schedule your consultation with a solicitor.
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