Removal of children from Australia

Passports

For a child to travel overseas, they will generally need a passport. If your child already has a passport, if possible, you should keep it and store it somewhere safe.

In most cases, to get an Australia passport for a child, both parents must agree and sign a passport application. All people with parental responsibility for a child need to give their permission.

If you are worried your ex-partner (or someone else who has parental responsibility) may try to get a passport without telling you, you can request a child passport alert by lodging a Child Alert Request Form with the Australian Passport Office.

Different countries have different rules about passports for children. If your child may be able to get a foreign passport, contact the foreign embassy or consulate to get more information.

What orders can the Family Court of WA make?

The Family Court of WA can make orders restraining a person from removing a child from Australia. This type of order is called an ‘injunction’.

You can ask the court to make an injunction to stop a child being removed from Australia even if you do not have current orders in place about your child. The court can also make an order requiring the Australian Federal Police (AFP) to place your child’s name on the Family Law Watchlist.

What is the Family Law Watchlist?

The Family Law Watchlist is designed to alert the AFP if a child is attempting to leave Australia. If a child’s name is on the Watchlist and the alert is activated, the child will not be allowed to leave Australia.

A child may appear on the Family Law Watchlist if:

1. The Family Court of WA has made a parenting order that limits or prevents overseas travel;
2. The Family Court of WA has issued an injunction which limits or prevents overseas travel;
3. A parenting order application is currently underway in the Family Court of WA to limit or prevent overseas travel; or
4. A parenting order or injunction is currently under appeal.

 

Can I travel overseas with my child if there is a Family Law Watchlist order in place?

If your child is on the Family Law Watchlist, there may be very limited circumstances that allow you to travel with your child – you should read your family court orders very carefully and seek family law advice prior to booking any overseas travel. If you breach your family court order you may be in contempt of court and you may face imprisonment.

In some limited circumstances, a parenting order or injunction will allow travel under certain conditions (like written consent of all parties). You must have evidence that these conditions have been met – the best form of evidence is a witnessed statutory declaration signed by the other party consenting to the travel . Gather this evidence before you travel, and provide it to the AFP (alerts@afp.gov.au) in advance prior to travelling.

If you’re travelling with a child that is on the Family Law Watchlist, carry a copy of:

• your family court orders;
• any statutory declarations from the other party consenting to travel; and
• any other relevant documentation.

How can I remove a Family Law Watchlist order?

If the original family court order for the Family Law Watchlist had a time limit on it (some injunctions on travelling overseas are for a specific periods, for example, 2 years), at the end of the specified time period the AFP will remove the children from the Family Law Watchlist. You should always contact AFP to confirm this has been done prior to booking travel.

If a parenting order or injunction unconditionally prevents overseas travel, you need to obtain another family court order by making an application to the family court to allow your child to travel overseas. This may remove the child from the Family Law Watchlist.

What are some things the court will consider?

The following are some things the court will consider when deciding whether to make orders to stop your child being removed from Australia:

• whether your ex-partner has told you about their travel plans
• whether your ex-partner has purchased a one-way or return travel tickets
• in relation to an overseas holiday, whether your ex-partner has given you details about how long the trip will last and where your child will be staying
• whether your ex-partner has done things that suggest they may be moving away (for example, selling their home or moving out of their rental property, moving their belongings into storage, closing bank accounts, telling school that your child is leaving
• whether your ex-partner has family and other support overseas, and
• whether the country your ex-partner is taking your child is a signatory to the Hague Convention on International Child Abduction.

What if my child has already been removed from Australia?

The options available to you if your child has been removed from Australia, or retained overseas, without your permission depends on which country they have been taken to.

Australia is part of the Hague Convention on International Child Abduction. This is an international agreement focussed on returning children to the country where they usually live when they have been removed, or retained overseas, without a parent’s consent. The agreement is not in force between Australia and every country and only applies to children under 16 years of age. You can find more information about Australia and the Hague Convention from the Attorney-General’s Department website.

If your child has been taken to a country where the Hague Convention is not in force with Australia, you cannot apply under the Hague Convention for the return of your child. In these situations, you may need to start court proceedings in the overseas country. You should get legal advice about this first.

International Social Service (ISS) Australia specialises in international parental child abduction matters and can give free legal advice and assistance if your child has been removed from Australia or retained overseas without your consent. You can contact ISS Australia by calling 1300 657 843 or emailing legal@iss.org.au.

Financial assistance schemes

If your child has been taken to a country where the Hague Convention is not in force with Australia, you may be able to apply to the Attorney-General’s Department for financial assistance under the Overseas Child Abduction Scheme. The Scheme can cover overseas legal costs to get a court order for the return of your child to Australia, flights for your child to return to Australia, or flights to attend court proceedings overseas related to the return of your child.

If you are in Australia responding to a court application made under the Hague Convention seeking the return of your child to an overseas country, you may be able to apply to the Attorney-General’s Department for financial assistance under the International Child Abduction Respondents Scheme. The Scheme can cover the reasonable costs of a lawyer representing you, attending mediation with you and giving you advice.

More information

Legal Aid WA

• Infosheet: Risk of removal of children from Australia
• Factsheet: Overseas Holidays with Children

Australian Federal Police

• Family Law Kit

Australian Passports Office

• Child alert requests

Attorney-General’s Department

• Hague Convention on the Civil Aspects of International Child Abduction | Attorney-General's Department
• Overseas child abduction scheme | Attorney-General's Department
• International Child Abduction Respondents Scheme | Attorney-General's Department

International Social Service Australia

• International Parental Child Abduction

 

Reviewed: 7 May 2025