If you fear your child is at risk of being removed from Australia without your consent, you must act quickly. This guide outlines immediate steps for prevention and legal intervention.
On this page you will find an overview of the information in our ‘I’m Worried the Other Parent Will Take My Child Overseas’ resource. To read the full resource, click on the ‘Download Full Resource’ button below.
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
If you believe that there is immediate risk of the other parent removing your child from Australia:
Time is critical. Use this checklist to assess your situation and take preventative measures immediately.
In Australia, it is a serious criminal offence to take a child overseas without the consent of the other parent or a court order if there are parenting orders in place or pending. Even without orders, taking a child can have severe legal consequences.
If the other parent wants to travel with your child, they are required to negotiate with you, consider your views and obtain consent.
If you are not able to agree with the other parent, we recommend that you consider trying to resolve the issue through Family Dispute Resolution.
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 your child is in immediate danger call 000. If you think that your child may still be in Australia, contact Victoria Police to request a welfare check to ensure the child is safe.
Find local station →
If you think that your child is overseas, seek advice immediately from International Social Service Australia (ISS). ISS provides legal assistance for families separated by borders.
iss.org.au →You must file an application with the Federal Circuit and Family Court of Australia requesting an order to place the child on the watchlist.
Collect and provide as much supporting evidence as possible, such as intervention orders, requests for the child’s passport or threats to take the child.
If your child is on the Airport Watchlist, then you will not be prevented from leaving Australia as well.
You will not be allowed to put your child on the Airport Watchlist if your child does not have a valid passport. If you are worried that your child could be issued a passport without your consent, you can apply for a Child Alert.
A Child Alert does not prevent your child obtaining a passport from another country if they are eligible. If your child is eligible for a foreign passport, contact the relevant embassy or consulate in Australia immediately.
The Hague Convention is an agreement that provides for international cooperation in circumstances of child abduction. Not all countries are signatories to this agreement. If the other parent has ties to a Non-Hague country and there is a risk that the child will be taken overseas, we recommend you apply for the Airport Watchlist.
Mei had concerns that her ex-partner, Tim, might try to take their daughter overseas without her consent as Tim had family in China and had asked for her daughter’s passport.
Mei feared that her daughter would be taken to China, a non-Hague country without her consent, so she contacted Legal Help and spoke with a family lawyer. She decided to apply for the Airport Watchlist, so her daughter could not be removed from Australia.
Even though Mei was unable to travel overseas with her daughter either, Mei had peace of mind that her daughter was safe and could not be taken to China without her knowledge.
We have created a series of four resources focused on travel with children after separation where there is family violence.
To read the complete travel resources booklet click the ‘Download Complete Travel Resources Booklet’ button below.
This booklet contains all four travel resources:
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
Legal Disclaimer: The material on this page is a general guide only, not legal advice. Please seek legal advice about your specific situation.
You are not alone. Please contact the below services for additional support.
Free legal information and advice to Victorians.
Victoria’s 24/7 family violence response centre for crisis support.
National sexual assault, domestic family violence counselling service.
Need an interpreter? Call TIS and ask to be connected to any of these services.
