FATHER WANTS HIS CHILD TO REMAIN ON THE AIRPORT WATCHLIST
Chafer & Quigley [2020] FCCA 2682 (2 October 2020)
This is a parenting proceeding where the father seeks the court’s determination on whether the mother is a flight risk and that the child’s name should remain on the Airport Watch List
Facts:
These are final parenting proceedings relating to child X. The father submits to the Court that the mother is a flight risk, that she has no immediate ties to the country and that the child’s name should remain on the Airport Watch List.
Issue: Should the wife be permitted to travel overseas with the child and should the child’s name remain on the Airport Watch List?
Law:
Analysis:
The Court finds that the mother is not a flight risk and that she has demonstrated her long-standing investment in remaining a resident in Australia. While she has no ties to property in the jurisdiction and while she has strong familial ties overseas, she has lived in Australia for many years. The Court accepts her evidence that she intends to remain living in Australia and that she wants to raise X in Australia.
Given the mother’s heritage and her familial ties to Country C, it will no doubt be an important aspect of the child’s life to learn about her mother’s culture and traditions. By being able to travel to her mother’s country of origin, provided it is safe for her to do so the child will no doubt, on balance, benefit from such international travel.
It is in the child’s best interest that provided appropriate notice is given to the other parent and that the travel is reasonable and safe for the child, that both parents should have the opportunity of taking the child overseas for holidays and other cultural experiences.
Conclusion: The court requests that the Australian Federal Police remove the name of X from the Airport Watch list at all points of international arrivals and departures in Australia.
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Cameron McKenzie The ownership of property and connection with Australia are important considerations. The case line v line is leading authority on this.
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In this case Line v Line was not even considered.
Cases cited:
Mazorski & Albright [2007] FamCA 520McCall & Clark [2009] FamCAFCMRR v GR [2010] HCA 4Salah & Salah [2016] FamCAFC 100Slater & Light [2011] FamCAFC 1
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Kim SolomonHow does one go about putting a child on the airport watch list and family law watch list. Are court orders required or can anyone simply place a child on this list?
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Hi Kim. To put a child on the Airport Watch List, you need to file an application to the Federal Circuit Court (usually) for interim and final parenting orders. Include as an interim order a Watch List order which is typically worded "That until further order the [Father/Mother] [full name and date of birth], and [his/her] servants or agents be and are hereby restrained from removing or attempting to remove or causing or permitting the removal of the [child/children] from the Commonwealth of Australia AND IT IS REQUESTED that the Australian Federal Police give effect to this order by placing the [name/names] of the said [child/children] on the Watch List in force at all points of arrival and departure by air or sea in the Commonwealth of Australia and maintain the [child's/children's] [name/names] on the Watch List until the Court orders its removal".
You will need to file an affidavit in support. Once you file, you send a copy of your Court sealed application to the AFP. Their website will tell you what to include. The Alert will remain until it is discharged by the Court. Sending a copy of your sealed application to the AFP will place the child on the Watch List immediately. You do not have to wait to obtain an order from the court.
If a child does not have a passport (or it has expired), it would be a good idea to lodge a Department of Foreign Affairs and Trade's Child Alert Request form to stop a party from applying for a child's passport without your consent. This form can be lodged at any Australian Passport Office or sent to Passport Operations (PC9), GPO Box 9807 in your nearest capital city. A parent or person with parental responsibility for a child is entitled to do this. It is actioned immediately and will remain in force for 12 months or until the child turns 18 or a court order discharges it. The form is available at passport offices. You would need to include with the form a certified copy of any existing parenting order or a statement that confirms that you are entitled to make the request. You should also include a statement to explain why you are requesting a child alert.
Remember also that if court proceedings are on foot, the court does have the power under section 67ZD of the Family Law Act "where there is a possibility or threat that a child may be removed from Australia" to order the passport of the child to be delivered to the court.
