24 March 2016

...on a jet plane

Family Law
Federal

Asked

Dear Mentor

My client put their child on the airport watch list a few months ago, in fear of their estranged husband taking the child overseas.

She now wishes to take the child overseas herself.

How do I remove the child from the watch list?

Answered

Thanks for your question.

If the watch list order unconditionally prevents the child from travelling overseas, which is normal, then an application will need to be made to the court for the removal of the child’s name from the watch list. If the husband consents to this, it makes the process easier and they could do it by way of an application for consent orders. The court may still require an appearance given the nature of the orders sought.

If the husband doesn’t agree, an application for final orders will need to be filed supported by affidavit material on the relevant facts in relation to the making of the order and its removal.

Regards

Mentor