The Airport Watchlist (also known as the Family Law Watchlist) is a system maintained by the Australian Federal Police (AFP) alerting them to the movement of children. It identifies whether children whose names have been placed on the Family Law Watchlist may leave Australia.

When is a child placed on the Airport Watchlist?

A child’s name may be placed on the Airport Watchlist where:

1. a court has issued an injunction preventing or limiting a child’s overseas travel;
2. a court has issued a parenting order preventing or limiting a child’s overseas travel;
3. a child is the subject of an application for an order to place the child on the Airport Watchlist;
4. a child is the subject of a parenting order application to a court that may limit or prevent overseas travel; or
5. a child is the subject of an injunction or a parenting order under appeal.

How to place a child on the Airport Watchlist

To place your child on the Airport Watchlist, you must complete a Family Law Watchlist request form and you must have either:

1. filed an application with a court for an order seeking to prevent the child travelling overseas or a parenting order that limits or prevents the child’s overseas travel and also requests that the AFP place the child on the Airport Watchlist; or
2. obtained a court order that limits or prevents the child’s overseas travel, and also requests that the AFP place the child on the Family Law Watchlist.

An order placing a child on the Airport Watchlist must be express (not implied). The AFP prefers that orders set a period of 2 -3 years for any restriction on the child’s travel. Increasingly, Judges are also including a defined period in Airport Watchlist orders.

Watchlist orders can be absolute or conditional. An absolute order prevents the child from travelling altogether. A conditional order allows parents to provide authenticated consent which will remove the child from the Airport Watchlist for a defined period. This is a signed statutory declaration by both parents provided to the AFP saying that they consent to a child leaving Australia for a particular period.

Regardless of the orders a parent seeks, once the application placing a child on the Airport Watchlist is filed with the court, the Family Law Act 1975 (the Act) restrains all parties from taking a child out of Australia. It is an offence under the Act for a person to take or send a child from Australia where:

1. court proceedings for parenting order are pending; or
2. it is contrary to an order limiting or preventing a child’s overseas travel; or
3. an appeal against a parenting order is pending.

Someone who takes or sends a child from Australia contrary to a court order may be charged with contempt of court.

Planning travel with a child

You should discuss any intended travel with your lawyer, well in advance of your intended departure date, to ensure the travel is permitted and, if it is not, to discuss what steps you can take to head off any problems.

If your child is on the Airport Watchlist, your obligations/responsibilities include:-

1. providing the AFP with your child’s passport details, possible aliases, and your 24 hour contact number;
2. notifying the AFP of any changes to your personal detail circumstances;
3. notifying the AFP of any new orders that may affect your child’s status in the Airport Law Watchlist; and
4. (where the court order permits travel) informing the AFP of your intention to travel at least 2 weeks before your departure.

To remove your child from the Airport Watchlist where a court ordered their placement on the list, you must generally obtain a further order.

If you are concerned that your child is about to be taken overseas without your permission and in contravention of a court order and the courts are closed, you should immediately seek legal advice. If you have an urgent family law matter after hours, you can contact the Family Law Courts’ after hour’s service or your local police.

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