FAMILY
LAW COURTS
FACT SHEET
Children and international travel after family separation
This fact sheet provides information for people who
want to:
■ apply for an Australian passport
for a child, but one of the signatories can not or will not sign the application
form
■ prevent a child
they have parental responsibility for from leaving
If a child you have parental
responsibility for has left
Applying
to the Court
An application
to permit a child to travel internationally or to prevent a child from leaving
On the
application form, you must say what orders you are asking the Court to make.
You must also
file an affidavit in support of your application. An affidavit is a statement
of facts and you should include all the points that are relevant in your case;
for example:
■ the details and
purpose of the proposed travel, including a copy of the itinerary (if you have
one)
■ what links the
people travelling have to
■ whether the country
being visited is a member of the Hague Convention or if any travel warnings
have been issued
■ the immigration
status of the people travelling
■ whether you are willing
to provide an undertaking to the Court to pay any damages which the Court may
decide another party has suffered as a result of the order requested
■ any other factors
relevant to the case.
If you are
seeking an order for a child to travel internationally, you should also state
whether you are willing and able to provide a monetary sum as security.
If you are
seeking an order to prevent a child leaving
Note – This is not a
complete list and may vary depending on the type of application and the circumstances
of each case. It is essential that all relevant facts are disclosed.
For more information about what you need
to file with the Court, see the fact sheet ‘Applying to the Court for orders’.
Applying for a
child’s passport
Before
an Australian passport can be issued, the law requires the written consent of
each person who has parental responsibility for a child. This is usually the
child’s parents but may include grandparents or other relatives.
If
written consent is provided by all parties with parental responsibility,
applications can be lodged at an authorised Australia Post office or any
Australian Passport Office.
If
written consent is not provided by all parties with parental responsibility,
you can make a written request to the Approved Senior Officer of the Department
of Foreign Affairs and Trade to consider issuing the passport due to ‘special
circumstances’. For more information about requests to consider ‘special
circumstances’ contact the Australian Passport Information Service on 13 12
32 or go to www.passports.gov.au.
If
your request to consider ‘special circumstances’ is not successful, you can
apply to the Court for an order permitting a child to travel internationally.
In considering such applications, the Court will only permit a child to travel
internationally if it determines it is in the best interests of the child.
Preventing a
child from leaving
If you are concerned that a child may leave
You can apply to the Court for an order that:
(a) prevents
a passport being issued for a child
(b) requires
a person to deliver a child’s or accompanying adult’s passport to the Court, or
(c) prevents
a child from leaving
(a)
Preventing a child’s passport being issued
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, or
■ apply to the Court for a child alert order.
A Child Alert Request warns the Department of Foreign
Affairs and Trade that a person may apply for an Australian passport for a
child without proper and legal consent. If a child alert is in force and an
application for an Australian passport is received for a child, you will be
notified by the Department of Foreign Affairs and Trade.
A child alert request made at an Australian Passport
Office is valid for 12 months. A court ordered child alert stays in force until
a child turns 18, or as directed by the Court.
Note - A child alert does not stop a child departing
For more information about child alerts, contact the
Australian Passport Information Service on 13 12 32 or go to www.passports.gov.au.
(b) Delivery of a passport to the Court
If there is a possibility or threat that a child may
be removed from
(c) Preventing a child from leaving
If there is a possibility or threat that a child may
be removed from
■ restrain the removal of the child from
■ request that the Australian Federal Police (AFP) place the
child’s name on the Airport Watch List, and
■ request that the AFP assist in the implementation of the
order/s.
The AFP will need a copy of the court order before
placing a child’s name on the list. The child’s name will stay on the Airport
Watch List until further order of the Court.
Note - If you consent to a child travelling out of
Australia in the future or wish to take a child out of Australia yourself, you
must apply to the Court (before you travel) to have the child’s name removed
from the Airport Watch List. If you fail to do so, a child may be prevented
from leaving irrespective of who they are travelling with. The AFP cannot
remove the child’s name from the list without an order of the Court.
The
AFP has offices in each capital city and some regional locations. Go to www.afp.gov.au or look in the White Pages for contact
details.
Legal advice
You should seek legal advice before
deciding what to do. You can seek legal advice from a legal aid office,
community legal centre or private law firm. Court staff can help you with
questions about court forms and the court process, but cannot give you legal
advice.
More information
For more information about anything referred to in
this fact sheet, including legislation, forms or publications:
■ go to www.familylawcourts.gov.au
■ call 1300 352 000, or
■ visit a family law registry near you.
www.familylawcourts.gov.au
1300
352 000
FAMILY COURT OF
FSCHITRA.0207