Australian law says that the other parent must inform you if they plan to travel overseas with your child. Both parents are required to make a genuine effort to reach a decision together if it is safe to do so. We strongly recommend that you put your agreement in writing.
If there is a parenting plan or court order, or if a court decision is pending, both parents must follow the conditions set out in the court orders.
It is a criminal offence to take a child out of Australia without written consent or a court order. It is also a criminal offence to keep a child overseas without your consent.
If you are worried your child might be taken overseas without your consent, there are things you can do. This can include placing your child on the Airport Watchlist. You can find out more information here. This is particularly recommended if the other parent has ties to a Non-Hague Convention country (a country that does not have any legal obligation to help return the child). You can find out more information here.
If you do not hold your child’s passport and you are worried about your child being taken overseas, you can consider placing your child on the Airport Watchlist. Placing your child on an Airport Watchlist will alert the police at the airport if someone tries to take the child out of Australia. This will stop them from leaving Australia. An Airport Watchlist application can be processed quickly if there is a real danger that your child may be taken out of Australia without your permission.
To make an application to put your child on the Airport Watchlist, you need to go to the Federal Circuit and Family Court of Australia. If it is urgent, there are support services at the court to help you make an application quickly and protect your child from being removed from Australia. In Victoria, you can go to several court locations. For more information, and to apply, please download the Airport Watch List Order Kit from Victoria Legal Aid.
Once your child’s name is on the Airport Watchlist, neither parent will be able to take the child out of Australia.
Removing your child’s name from the Airport Watchlist is a separate process that can only be done through the Federal Circuit and Family Court of Australia. This can take some time.
If the other parent is holding your child’s passport and you are worried they may leave Australia without your consent, you can apply for a Passport Surrender Order from the Federal Circuit and Family Court of Australia. This will require the other parent to give your child’s passport back if there is an immediate risk of the child being taken out of Australia. We recommend that you seek legal advice before considering this option.
If you want to prevent an Australian passport being issued for a child, you can lodge a Child Alert Request at any Australian Passport Office. You can also visit an Australian diplomatic or consulate mission if you’re overseas.
A Child Alert warns Australian authorities that someone might try to get an Australian passport for a child without your consent. If a Child Alert is active and someone applies for the child’s passport, the government will let you know. However, this may not prevent the passport being issued. A Child Alert made through a Passport Office lasts for 12 months.
Miscommunication between parents is often the reason children are not returned on time after travelling overseas. If you cannot contact the other parent, or they refuse to return the child, you can take steps to find your child and get them back.
If you think the child is still in Australia:
Contact Victoria Police and ask them to do a welfare check to make sure the child is safe. Call 000 if you think the child is in immediate danger, otherwise you can contact your local police station on 131 444.
If you do not know where your child is, you can ask the Federal Circuit and Family Law Court of Australia to issue a location order, which will require the other parent to tell the court where your child is. You can also apply for a recovery order, which will require the other parent to return your child. For more information about the recovery or location orders, visit: Children: Recovery orders | Federal Circuit and Family Court of Australia
If you think the child is overseas:
You should seek advice immediately from International Social Service Australia. Locating your child and having them returned will depend on where the child is:
Miscommunication between parents is often the reason children are not returned on time, however if the other parent cannot be contacted or the other parent refuses to return the child at the agreed time and place, there are steps that you can take.
If you are worried that your child may be taken overseas without your consent, we recommend that you consider placing your child on the Airport Watchlist as quickly as possible and seek legal advice.
If your child is in Australia, police can conduct a welfare check to make sure that your children are safe. Where there are parenting orders, and you do not know where you child is, you can apply for a location order, which will require the other parent to inform the court of their location. You can also apply for a recovery order, which requires the other parent to return your child.
It is against the law to keep a child outside Australia without the consent of the other parent. If the child is under 16 years old and is overseas, what steps you can take will depend on the country that they are in. Countries that have signed the Hauge Convention have an agreement that facilitates the recovery of children that have been wrongfully removed or retained outside of Australia. Parents have 12 months from the date of they were taken overseas (or they were meant to be returned) to make an application under the Convention.
Contact Legal Aid or call 1300 792 387 and ask for an interpreter. This service is open Monday to Friday, 8 am to 6 pm and it is free.
inTouch works with migrant and refugees who are experiencing family violence in Victoria. We can help you to become safe and move forward with your life through case management, legal and migration support and recovery programs.
Find out more by visiting our Get Help page.
If you are in danger, please call the police on 000 or contact Safe Steps on 1800 015 188. They are available 24 hours a day, 7 days a week.
