Federal Watch List Orders

 

Background

Modern Australia has diverse families. Our children often have ties to multiple countries through their parents’ heritage, citizenship, or residency. While this has enriched our lives, it also brought about legal complexities, particularly in the family law space.

Often, I will have a frantic parent contact my office with fears that a child or children will be removed from the country as the other parent is not originally from here. Conversely, I have other parents contact me desperate to go home to another country with their child or children because they have no family support after a separation.

Children then become embroiled in an urgent application for injunctive relief in the Federal Circuit and Family Court of Australia to prevent them leaving Australia.

Many children are placed by Court Order on the (AFP) Airport Watch List. This is to prevent international relocation without consent. Unfortunately, at times these Orders will not have a sunset clause and children remain on the watch list until the age of 18 and require joint consent to travel.

I had a call from a previous client recently, his child had an opportunity to participate in an international trip representing Australia. His previous lawyers did not ensure a sunset clause on the Watch List Order. This was stressful for my client as the process involved can be tricky to navigate.

Cross-border opportunities are something that all children should have the right to experience. However, some are stuck here due to complex procedures required to obtain permission for international travel.

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The Challenge: Balancing Opportunity and Legal Restrictions

For families with mixed cultural or national backgrounds, opportunities for international travel—whether for education, sports, or family connections—are often essential. However, legal restrictions like watch list orders can complicate plans.

In this case, the child was invited to travel overseas for a sports event, but the parents had to navigate a complex legal and procedural maze to temporarily lift the watch list restrictions.

Here’s how they managed it:

1. Parental Consent:
   • Both parents provided statutory declarations consenting to the child’s travel for the event. This was a critical first step in demonstrating mutual agreement.
2. Submission to AFP:
   • The declarations, along with sealed court orders, were submitted to the AFP. After review, the AFP confirmed that while the child would remain on the watch list, a temporary travel uplift would be granted on the day of travel, provided all documentation were in order.
3. Airport Procedures:
   • The AFP advised arriving at the airport 30 minutes earlier than usual to allow time for airport police to review the documents
4. Future Travel:
   • For any future trips, the AFP recommended submitting new declarations unless a court order is obtained to permanently remove the child from the watch list

The Bigger Picture: Immigration and Mixed-Nationality Families

This case is not unique. With the rise of mixed-nationality families, children often have the potential to live, study, or work in multiple countries. However, this also means they are more likely to encounter legal complexities, such as:

• Parental Disputes: Disagreements over where a child should live or travel can lead to court orders restricting international movement.
• Cultural Expectations: Families may have differing views on the importance of maintaining ties to a particular country.

In this case, the child’s opportunity to travel for sports highlights the importance of balancing legal safeguards with the need to embrace global opportunities.

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The Path to Permanent Removal

While temporary travel lifts can address immediate needs, a long-term solution often lies in removing the child from the watch list altogether. This requires:

1. Court Order by Consent:
   • Filing a Consent Order to amend the existing orders and remove the child from the watch list permanently.
2. Supporting Documents:
   • Minutes of Order, previous court Order, a notice of Risk and any other relevant material.
3. Court Hearing:
   • A hearing before a Judicial Officer to ascertain if the Consent Order is in the best interests of the child.
4. AFP Notification:
   • If successful, the sealed orders must be submitted to the AFP to update their records.

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Costs and Considerations

Navigating this process comes with financial implications:

1. Legal Fees:
   • Drafting and lodging documents for a temporary travel lift can cost between $1,100 and $3,300, depending on complexity.
2. Court Fees:
   • In this case study, the final orders were misplaced and we were required to Obtaining sealed copies of court orders.
3. Additional Costs:
   • Permanent removal applications may incur further legal fees, depending on the case’s complexity and level of agreement between the parties. The usual fee for this would be about $3,300.

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Lessons Learned: A Global Perspective

This case underscores the importance of preparation and persistence, particularly for families with international ties. Key challenges include:

1. Time Sensitivity:
   • Urgent requests for sealed orders can create stress, especially when travel deadlines loom.
2. Conflicting Information:
   • Mixed responses from the AFP can lead to confusion and require follow-up. In this case the AFP only had the interim Court Orders and not the final Order.
3. Documentation Accuracy:
   • Ensuring all paperwork is correct and submitted on time is crucial to avoid disruptions.

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Call to Action: Empowering Families

Families are often connected to multiple countries, navigating legal systems can feel overwhelming. Whether you’re dealing with watch list orders, or cross-border parenting arrangements, we’re here to help.

Our team understands the unique challenges faced by mixed-nationality families. We can guide you through the legal process, ensure your documentation is accurately drafted, and advocate for your family’s best interests. Don’t let legal barriers hold you back from embracing travel. Contact Elena or Sophie today if you require assistance with this tricky issue. The best way is via email on info@alslaw.com.au