Why the Watchlist Exists

Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, meaning it is committed to returning children who are wrongfully removed or retained overseas. Parliament has strengthened that commitment with specific offences:

• Taking a child overseas in breach of a parenting order – s 65Y and s 65Z make it a criminal offence (up to three years’ imprisonment) to remove a child contrary to final or interim parenting orders.
• Retaining a child overseas – s 65ZAA covers situations where a child is kept outside Australia without consent.

A Watchlist order is one of the most effective safeguards the Court can deploy to give teeth to these provisions.

The Legal Tools the Court Can Use

1. Injunctions under s 68B – wide power to restrain a person from removing a child from Australia.
2. Location Orders (s 67J – 67N) – compel agencies to supply information about a child’s whereabouts.
3. Passport & Travel Document Orders (s 67ZD) – require surrender of passports or prevent issue of new travel documents.
4. Watchlist (Airport Alert) Orders – direct the AFP to place the child on the Watchlist for a defined period.

When Can You Apply?

You may seek Watchlist protection before, during or after parenting proceedings if there is:

• A credible threat the other parent (or a third party) will take the child abroad.
• Evidence of prior attempts to obtain travel documents, purchase tickets or make sudden travel plans.
• Links to a country that is not a Hague Convention signatory, increasing the risk the child may not be returned.

The Court can make orders ex parte (without notice to the other party) in urgent circumstances, relying on s 65Q and s 68B to protect the child until a full hearing.

What the Court Considers

• Best interests of the child – the paramount consideration (s 60CA).
• Risk of flight – including dual citizenship, ties overseas and prior threats.
• Practicality – whether less-restrictive measures (bond, undertakings) would suffice.
• Impact on the child  – balanced against the catastrophic consequences of abduction.

How the Watchlist Works in Practice

1. Order sealed – The Court’s order must clearly identify the child and request Watchlist placement.
2. Filed with AFP – Your lawyer serves the sealed order on the AFP Watchlist team.
3. Real-time alerts – Border officers are notified instantly if a listed child presents at an international departure point.
4. Detention & Notification – The child and accompanying adult can be detained; the AFP contacts the applicant or the Court urgently.

Breaching a Watchlist / Travel Order

Attempting to remove a Watchlisted child offshore is:

• A breach of injunction (s  68B) – punishable by fines, community service or imprisonment (Part XIIIA).
• A criminal offence under s 65Y, s 65Z or s 65ZAA (up to three years’ gaol).
• Ground for issuing a Recovery Order (s 67Q) to retrieve the child.

Courts treat these breaches as extremely serious because of the difficulty and emotional harm involved in recovering a child from overseas.

Urgent Applications – Act Quickly

Time is critical. Air tickets can be booked within minutes and some embassies issue emergency passports overnight. Our team can:

• Prepare an urgent affidavit setting out the risk factors and evidence.
• Draft comprehensive Watchlist, passport and location orders tailored to your case.
• Arrange after-hours filing and appearance before the duty judge when necessary.

Lifting or Varying the Watchlist

Watchlist orders usually last until further order or a specified date (e.g., the child’s 18th birthday). They can be varied if:

• The risk subsides (e.g., undertakings are honoured, security posted).
• Both parents consent to limited travel (holiday, family funeral).
• The Court is satisfied departure is in the child’s best interests and safeguards are in place.

Why Choose Stanley & Co Lawyers?

• Specialist Family Law Expertise – We appear daily in the Federal Circuit and Family Court and understand its procedures, including out-of-hours duty listings.
• Strategic, Proactive Approach – We don’t just react; we anticipate risk, draft meticulous orders and liaise directly with the AFP to confirm activation.
• Plain-English Advice – We translate the technicalities of s 65Y, s 65ZAA and  related provisions into clear action steps you can follow.
• Local Adelaide Knowledge, National Reach – From our office we protect children across every Australian airport and seaport.