Child Abduction is an offence under section 65Y or 65Z of the Family Law Act. It is an offence to take or send a child from Australia in circumstances where:
- there is court order preventing the child travelling overseas
- there are parenting proceedings pending or
- an appeal against a parenting order is waiting to be heard
The offence is punishable by up to three years imprisonment. Further taking or sending a child from Australia may result in contempt of court.
So if you are a parent worried that your child or children are at risk of being abducted out of Australia, then it is important that you get legal advice about what to do. If it is urgent then contact the Australian Federal Police and Police for assistance.
Additionally, taking or sending a child from Australia contrary to an order of the court may result in contempt of court.
The Family Law Watchlist
The Australian Federal Police maintains the family law watchlist for family law matters. A child is prevented from leaving Australia in circumstances where:
- The Court has issued an order preventing or limiting the child from travelling overseas
- There is an application on with the Court , with respect to the child leaving Australia or travelling overseas
- The Court has issued an injunction preventing or limiting the child from travelling overseas.
- The matter is pending an appeal.
We recently had a case of a father who approached our office 24 hours before the mother was to depart to Thailand with their 6 month old child, we urgently contacted the Australian Federal Police and filed an Application at Court and were able to stop the mother who had arrived at Sydney International Airport from fleeing the country with the child.
If the child is to be placed on a Family Law Watchlist, it is best to state the number of years that you want the watchlist order to apply for. There is nothing worse than, turning up for an international holiday with the child after proceedings have finished and both parents have reached agreement or have no issue with a parent travelling overseas to find that you can’t go anywhere because there is an Order preventing the child from travelling.
The recent events of Sally Faulkner and the child abduction of her two children by their father to Lebanon is a sad alert as to how important it is to be vigilant and protective if you feel a child is at risk of abduction.
The information contained herein is of a general nature and does not constitute legal advice. For more information please contact us on 02 8999 1800.
Courtesy of ABC News