Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Airport watch list order kit

A helpful kit is to be used by self-represented parents where there is a real and immediate risk of a child being taken from Australia without the consent of both parents.

About the kit

An airport watch list order is a court order telling the Australian Federal Police (AFP) to put a child’s name on the Airport Watch List. The Watch List is in place at all international airports and seaports. If a parent tries to take the child out of Australia, Customs will tell the AFP and the child will not be able to travel until the court order is lifted.

The Airport watch list order kit is to be used by parents representing themselves in court, where there is a real and immediate risk of a child being taken from Australia without the consent of both parents.

Download the kit

Our organisation is committed to providing accessible information. Some of these documents are designed to be printed and attached to your application, and therefore may not meet level AA of the Web Content Accessibility Guidelines 2.1. If you are unable to use any of the content of this page, please contact Simon.Macdonald@vla.vic.gov.au for an accessible version.

Airport watch list order kit brochure

This guide explains how to get an airport watch list order.

Airport watch list order kit brochure
Word 231.03 KB
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Initiating application kit

Complete this kit to start your court case.

Download the Initiating application kit.

Resident parent order

Use a Resident parent order if the child lives with you most of the time. Complete the missing information and attach to your initiating application.

Download the Resident parent order section of the initiating application.

Resident parent order
Word 84 KB
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Non-resident parent order

Use a Non-resident parent order if the child does not live with you most of the time. Complete the missing information and attach to your initiating application.

Download the Non-resident parent order section of the initiating application.

Non-resident parent order
Word 83.5 KB
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Notice of child abuse, family violence or risk form

The Notice of child abuse, family violence or risk form is a mandatory court form you must complete with your initiating application form. You must complete this form even if you have no concerns about the child.

Download the Notice of child abuse, family violence or risk form.

Blank affidavit form

Use the blank affidavit form to set out your evidence in support of an airport watch list order. Your affidavit must not be longer than 10 pages.

People who can witness your completed affidavit include a:

  • justice of the peace
  • lawyer in current practice
  • member of Parliament
  • senior officer of a local government council.

A full list of people who can witness your affidavit can be found on the Justice and Regulation website.

Download the Blank affidavit form.

Example affidavit

This example affidavit can be used as a guide to writing out your evidence in the blank affidavit form.

Download the Airport watch list order kit example affidavit.

Airport watch list order kit example affidavit
PDF 138.62 KB
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Federal Circuit and Family Court brochure: Preparing an affidavit

The Preparing an affidavit brochure provides information to help you complete your affidavit of evidence in support of your airport watch list order. An affidavit is a written statement setting out the information about the case in your own words.

Download the brochure Preparing an affidavit.

Genuine steps certificate

The Genuine steps certificate is a mandatory court form you must complete with your initiating application. Complete the certificate by following the instructions on the form. If your matter is urgent, pay attention to question four in Part B on the form. Address the reasons for urgency in your affidavit.

Download the Genuine steps certificate.

Letter to court

If your case is urgent, we have provided a template letter to write to the Court Registry to ask for an urgent listing of the matter.

Download the template letter to court:

Sample letter to court
Word 278.9 KB
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Application for exemption from fees – general

If you have a health care card or get Centrelink benefits, use this application form to apply to not pay the court fees that are usually needed when filing your initiating application.

Download the Application for exemption from fees – general.

Application for exemption from fees – financial hardship form

If you don’t have a health care card or receive Centrelink benefits, but are experiencing financial hardship, you can make an application to not pay the court fees that are usually needed when filing your initiating application.

Download the Application for exemption from fees – financial hardship form.

Federal Circuit and Family Court brochure: Children and international travel after family separation

This brochure contains information from the family law courts for parents who want to stop a child from leaving Australia.

Download the brochure Children and international travel after family separation.

Federal Circuit and Family Court Service kit

A guide on how to 'serve' the other parent with court papers, once filed in court.

Download the Service kit.

Federal Circuit and Family Court brochure: Marriage, families and separation

This is a mandatory court brochure which you must include when giving the documents to the other party.

Download the brochure Marriage, families and separation.

AFP Family law watch list request form

When you have a court order placing your child on the airport watch list, use this form to notify the Australian Federal Police (AFP).

Download the AFP Family law watch list request form.

Contact

For more information about using this kit, call our Legal Help phone line:

More information

Travel and relocation with children

  • International family law and children
    The Australian Attorney-General's Department website includes:
    • list of Hague Convention countries
    • information on parental child abduction
    • how to prevent child abduction.

Passports

  • Children’s passports
    Information on parental consent for children’s passports on the Australian Passport Office website
  • Child Alert Request form
    A Child Alert Request is a warning to the Department of Foreign Affairs and Trade that there are certain things that need to be considered before issuing an Australian passport or other travel document to a child. You can make a Child Alert Request if you are the parent of, or person with a parental responsibility for, the child named on this form. To request a child alert, you must complete a form from the Australian Passport Office website

Airport watch list

After-hours emergency

If you are worried that your child may leave Australia without your permission and it would be in breach of a court order, you should get legal advice as soon as possible.

If you have an urgent family law matter after hours, you can contact the courts' after-hours service on 1300 352 000. This should only be used in emergencies, like when an urgent order is needed when there is a risk of a child being removed from Australia before the next working day.

If you have immediate concerns for the safety or welfare of a child, contact the police in your State or Territory on Triple Zero (000).

The after-hours number for the Victorian courts is (03) 8600 3346 (general and admiralty).

Updated

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