If you’re concerned your child may be taken overseas without your consent, the Family Law Watchlist (formerly known as the Airport Watchlist) could be an essential legal safeguard. This watchlist, administered by the Australian Federal Police (AFP), can prevent a child from leaving Australia where doing so would breach existing parenting orders or court proceedings.
What is the Family Law Watchlist?
The Family Law Watchlist is a mechanism used to prevent children from being taken out of Australia without the proper legal authority or consent. It is particularly useful in family law matters involving concerns about international child abduction, relocation, or disputes between separated or divorced parents.
If a child is placed on the watchlist, the AFP will monitor all international departure points, such as airports and seaports. If someone attempts to take that child out of Australia in contravention of a court order or without appropriate legal authority, border officials can stop the departure.
Who Can Request a Child Be Placed on the Watchlist?
To place a child on the Family Law Watchlist, a parent or legal guardian must have one of the following:
Importantly, orders must include clear instructions that the child’s ability to travel internationally is restricted and must request that the child be placed on the Watchlist.
You can learn more about parenting orders and custody matters via our Family Law Services page.
Steps to Place a Child on the Family Law Watchlist
You must either have:
These documents must explicitly request that the child be added to the Family Law Watchlist.
Visit the Australian Federal Police website to download the Family Law Watchlist Request Form. You will need to include:
This step is crucial: even if the court orders that a child must be placed on the watchlist, it doesn’t happen automatically. You must submit the form directly to the AFP.
You can also confirm the status of your request by submitting the Family Law Watchlist Enquiry Form, also available on the AFP’s website.
What Happens After Your Child is Placed on the Watchlist?
Once your request has been processed, your child’s name will be recorded on the list monitored by the AFP. You must:
Failure to do so could result in delays or failure to stop an unauthorised departure.
Planning Travel with a Child on the Watchlist
If your child is already on the Watchlist but you intend to travel overseas with them (with court-approved consent), you must notify the AFP at least 10 business days before departure. You’ll need to provide:
Delays at the airport are common if you fail to notify the AFP properly, so legal advice and forward planning are essential.
What if the Other Parent Applies for a Passport Without My Consent?
In Australia, both parents must consent to a child being issued a passport. If you’re concerned that the other parent may attempt to obtain one without your approval, you can:
This alert does not prevent a passport from being issued, but triggers additional scrutiny of any application lodged for your child.
Dual Citizenship and Overseas Passports
If your child is eligible for a passport from another country (e.g., through the other parent’s citizenship), they may be able to travel without an Australian passport. In this case:
What If My Child Has Already Been Taken Overseas?
If your child has already left Australia without your consent or in breach of a court order:
Australia is part of the Hague Convention, which allows parents to apply for the return of children taken overseas unlawfully.
📞 Contact us today for a confidential consultation with a family law expert:
Visit our Family Law Services page or call our office to get started.