The breakdown of a relationship is one of life’s most challenging experiences without a doubt being the most stressful time in your life. When children are involved, the complexities and emotional stakes are magnified. One of the most terrifying fears a parent can face during this time is the possibility that their former partner might take their child and leave the country without their consent.
This is not just a parental fear; it is a serious legal issue known as international child abduction. At Pannu Lawyers, we understand the urgency and gravity of this situation. This article outlines the immediate steps and legal avenues available to you under Australian law to protect your child and your rights.
Understanding the Legal Framework: Parental Responsibility
Under the Australian Family Law Act 1975, it is a key feature of Family Law Act that the child for parents to have parental responsibility. This is a core concept that means both parents have a role in making major long-term decisions for their child. These decisions include, but are not limited to:
The child’s education
The child’s religious and cultural upbringing
The child’s health
Significantly changing the child’s living arrangements in a way that makes it harder for the child to spend time with the other parent.
Taking a child to live in another country is unequivocally a major long-term decision. Doing so without the other parent’s consent, or without an order from the Court, is unlawful and can constitute a criminal offence.
Warning Signs of a Flight Risk
While every situation is unique, there are common red flags that may indicate your ex-partner is planning to remove your child from Australia. Be vigilant if you notice:
Direct threats: Your ex-partner explicitly states they will take the child “home” or to another country and you will never see them again.
Sudden financial changes: They begin selling major assets like a house or car, close bank accounts, or transfer large sums of money overseas.
Employment changes: They quit their job or suddenly announce a new job opportunity in another country.
Passport applications: They apply for a new or first-time passport for your child without consulting you.
Strong international ties: They have family, friends, or property in another country and speak of returning there.
Cutting ties in Australia: They start isolating themselves from friends, severing community ties, or pulling the child out of school or extracurricular activities.
Booking flights: You discover flight itineraries or bookings for the child and your ex-partner.
If you recognise any of these signs, it is critical to act immediately.
`Immediate Preventative Steps You Can Take
Communicate Your Position Clearly and in Writing If it is safe to do so, communicate to your ex-partner that you do not consent to the child travelling overseas. Do this in writing (e.g., via email or text message) so there is a clear record of your position.
Secure Your Child’s Passport
If you have your child’s passport(s) in your possession, keep them in a safe place. Do not hand them over if you have concerns about international travel. If your child has dual citizenship, this applies to all passports they hold.
Lodge a Child Alert with the Australian Passport Office
You can lodge a Child Alert Request with the Department of Foreign Affairs and Trade (DFAT). This will alert the Australian Passport Office if an application for an Australian passport is lodged for your child. While this does not guarantee a passport won’t be issued, it requires the office to give your concerns special consideration and can prevent a passport from being issued without your knowledge.
Urgent Legal Action: The Power of Court Orders
The most definitive way to prevent your child from being removed from the country is to obtain orders from the Federal Circuit and Family Court of Australia (FCFCOA).Time is of the essence, and you must seek legal advice urgently.
The most powerful tool at your disposal is an order to place your child’s name on the Family Law Watchlist. This list is maintained by the Australian Federal Police (AFP). If a person attempts to leave Australia with a child whose name is on this list, the AFP will be alerted and will prevent the child from departing the airport.
To get your child’s name on this list, you must:
File an Initiating Application in the FCFCOA.
In your application, you must specifically seek an order that the child be placed on the Family Law Watchlist.
You can also seek other urgent orders, such as an order for the surrender of the child’s passport to a secure location (like the Court registry or a lawyer’s office).
If the risk is imminent (e.g., you have discovered a booked flight for tomorrow), your lawyer can seek these orders on an urgent, ex parte basis, meaning a judge can hear your matter without your ex-partner being present for the initial hearing.
The Hague Convention is an international treaty designed to secure the prompt return of children who have been wrongfully removed to, or retained in, another “Convention country.” If your child has been taken to a country that is also a signatory, you can apply through the Australian Central Authority for their return.
The process can be complex and challenging, especially if the child has been taken to a non-Hague Convention country. In either scenario, immediate, expert legal advice is not just recommended—it is absolutely essential.
How Pannu Lawyers Can Help ?
The fear of your child being taken overseas is profound. You do not have to face it alone. The family law team at Pannu Lawyers has extensive experience in handling these urgent and sensitive matters.
We can act immediately to:
Provide you with clear, strategic advice on your situation.
Draft and file urgent court applications to prevent travel.
Seek orders to place your child on the Airport Watchlist.
Represent you in Court to secure the safety of your child.
If you have any reason to believe your ex-partner may be planning to leave Australia with your child, do not wait. The stakes are too high, and time is your most critical asset.
Contact Pannu Lawyers today for a confidential discussion about how we can protect your child and your parental rights.
