Victoria Legal Aid

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.

Note that the law is changing on 6 May 2024. We will update this content closer to 6 May 2024.

If you are concerned about your own situation and whether these changes might affect you, please contact us.

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

Airport watch list order kit brochure

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

Initiating application kit

Complete this kit to start your court case.

Download the Initiating application kitExternal Link .

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.

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.

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 formExternal Link .

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 websiteExternal Link .

Download the Blank affidavit formExternal Link .

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.

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 affidavitExternal Link .

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 certificateExternal Link .

Parenting questionnaire

The Parenting questionnaire is a mandatory court form you must complete with your initiating application. Complete this questionnaire by following the instructions on the form.

Download the Parenting questionnaire formExternal Link .

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 – generalExternal Link .

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 formExternal Link .

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 separationExternal Link .

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 kitExternal Link .

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 separationExternal Link .

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 formExternal Link .

Contact

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

More information

Travel and relocation with children

Passports

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 courtsExternal Link is (03) 8600 3346 (general and admiralty).

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

Reviewed 04 April 2024

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