Family Law Watchlist

Alerting us when children involved in family law matters leave Australia
Breaches of family law and parenting orders Crimes against children Report a crime

Disclaimer: This material is produced by the AFP and is intended to provide general information in summary form on the Family Law Watchlist and related family law orders. We have sought to ensure this information is accurate and current at the time of writing. The contents do not constitute legal advice and should not be relied upon as such. You should seek formal legal advice from a legal practitioner in particular matters rather than relying only on the information on this page.

Overview

Our role in family law matters is to:

  • act on certain types of orders issued by a court, including recovery orders or arrest warrants
  • prevent the unlawful removal of children from Australia.

We can't enforce parenting orders or provide legal advice. We work with families often, and understand how sensitive and distressing family law matters can be.

If you're worried that a child is in immediate danger, call000.

Find out more about family law offences and the AFP's jurisdiction.

If you're concerned your child may be taken overseas without your consent, you can place them on the Family Law Watchlist while they're still in Australia. This means we will know if they try to travel.

If your child is overseas in violation of Section 65YA or Section 65ZAA of the Family Law Act 1975 (Cth), which relate to taking or sending a child outside Australia, this becomes a criminal investigation. Report it to us.

Report a crime form

Family Law Watchlist

Our Family Law Watchlist alerts police when certain children leave Australia.

Your child may appear on the Watchlist if:

  • a court-issued parenting order limits or prevents overseas travel
  • a court-issued injunction limits or prevents overseas travel
  • a parenting order application is currently before the Federal Circuit and Family Court of Australia or the Family Court of Western Australia (the Court) to limit or prevent overseas travel
  • a parenting order or injunction is currently under appeal.

How to place a child on the Watchlist

To place a child on the Family Law Watchlist, you'll need to have:

  • obtained a finalised court order or a parenting order
  • filed an application with the Court for a court order or a parenting order
  • filed an appeal with the Court against a child-related order of the Court.

These orders must specifically:

  • limit or prevent the child's overseas travel
  • request the AFP to place the child on the Family Law Watchlist.

We prefer that orders restrict the child's travel for a defined period of up to 3 years.

If you're applying for a court order for absolute prohibition of travel (unless a further order is made), we prefer this wording:

That until further order each party, (given names, second name, family name and date of birth of each party) their servants and/or agents be and are hereby restrained by injunction, and irrespective of authenticated consent as contemplated in Part VII of the Family Law Act 1975, from removing or attempting to remove or causing or permitting the removal of the said child/children (given names, family name and date of birth of each party) from the Commonwealth of Australia for a period of (x)months/years; 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 Family Law Watchlist in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child's/children's name/names on the Watchlist for the said period, or until the Court orders its removal.


If you are applying for conditional prohibition on travel with consent of the parties involved, we prefer this wording:

That until further order, or else subject to the authenticated consent of all parties required to provide consent by Part VII of the Family Law Act 1975, each party, (given names, family name and date of birth of each party) their servants and/or agents be and are hereby restrained from removing or attempting to remove or causing or permitting the removal of the said child/children (given names, family name and date of birth of each party) from the Commonwealth of Australia for a period of (x)months/years; 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 Family Law Watchlist in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child's/children's name/names on the Watchlist for the said period, until the Court orders its removal, or with consent of all parties.


Get legal advice before seeking court orders.

File icon
Family Law Watchlist Request Form
(pdf, 295.59 KB)

Follow the instructions on the form. You must include a return email address and a 24-hour contact phone number.

We can help you with any questions you have about completing the form, but we can't give you legal advice.

Email the court documentation and the form to us at Alerts@afp.gov.au

If you have filed an application to place your child on the Watchlist, it's your responsibility to provide that application (under the seal of the Court) to the AFP. The Court won't send this application to us.

If the Court has issued the order placing your child on the Watchlist, they'll usually send us that order on the same day. This means you don't have to complete the Family Law Watchlist Request Form.

If you have concerns about the imminent removal of a child:

  • call us on+61 2 5127 0004
  • provide a copy of your order by email, marked as urgent.

What happens once a child is on the Watchlist

If your child is on the Watchlist, you must:

  • provide us with your child's passport details, possible aliases and your 24-hour contact number
  • notify us of any changes to your personal details and circumstances
  • notify us of any new orders that may affect your child's status on the Watchlist
  • inform us of your intention to travel no less than 10 working days before departure.

Travelling overseas with a child on the Watchlist

If your child is on the Family Law Watchlist, you must give us as much notice as possible of your child's intention to travel. If you do not tell us, it may delay your departure or prevent the child from travelling.

If your travel breaches a court order, you may be in contempt of court. Think twice about removing a child from Australia without the consent of both parents. This may be a criminal offence, with a possible punishment of up to 3 years in jail.

If a parenting order or injunction unconditionally prevents overseas travel, you need another court order permitting your child to travel. This may remove them from the Watchlist.

If a parenting order or injunction allows travel under certain conditions (like consent of all parties), you must have evidence that these conditions have been met. Gather this evidence before you travel, and provide it to us.

If your parenting order or appeal is pending, the child will remain on the Watchlist until the Court makes its decision. We will prevent your child from travelling unless:

  • court proceedings are finalised
  • the Court makes a separate order allowing travel, or
  • travel is in accordance with Section 65Z(2) of the Family Law Act 1975.

We cannot access court files outside of normal business hours. We can only act on the documents that we already have, or documents you give us. If you're travelling with a child on the Watchlist, carry a copy of:

  • court orders
  • statutory declarations
  • any other relevant documentation.

How to confirm a child is on the Watchlist

To query a child's status on the Watchlist, you or your lawyer must complete a 

File icon
Family Law Watchlist Enquiry Form
(pdf, 280.3 KB)

Along with the form, you will need to:

  • provide a certified copy of your drivers licence, passport or other government-issued identification
  • provide a copy of the application or order that placed the child on the Watchlist, if possible.

Follow the instructions on the form. You must include a return email address and a 24-hour contact phone number.

How to remove a child from the Watchlist

Get legal advice if you wish to remove a child from the Watchlist.

If the child was placed on the Watchlist by injunction, a further court order may be required to remove them.

If the original order requesting us to place the child on the Watchlist had a time limit, we will remove them at the end of that period. If there has been another order requesting the child remain on the Watchlist, they won't be removed.

Children taken overseas without permission

Get urgent legal advice if you think that your child may leave Australia without your permission, against the Court's instructions.

If you have concerns for a child's safety, contact your local police on000.

If there's a risk of a child being taken overseas before the next working day, contact the relevant after-hours service:

  • call1300 352 000   (Federal Circuit and Family Court of Australia, except Western Australia)
  • call1800 199 008   (Family Court of Western Australia).

Only use these contacts if you need an urgent court order to stop travel.

If your child is still in Australia, you can make a Child Passport Alert Request. This warns the Department of Foreign Affairs and Trade (DFAT) that you may not consent to the child getting a new passport.

A Child Passport Alert will not:

  • put the child on the Family Law Watchlist
  • guarantee that DFAT will refuse a passport application for the child
  • cancel a current passport
  • stop travel.

If your child has already left Australia, they are outside AFP jurisdiction. The Attorney-General's Department has more information on international parental child abduction.

Recovery orders

The Court can issue a recovery order. It requires a child to be returned to a parent or person with parental responsibility under a parenting order. A recovery order can direct officers, including us, to locate and deliver a child.

Find out how we can help with recovery orders.

Confidentiality and privacy

We protect your privacy in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth).

If you discuss your children with us in any family law context, we'll always ask for a certified copy of government-issued identification.

Under Section 121 of the Family Law Act 1975, we may not be able to discuss court proceedings and related information. We can only discuss specific family law matters with you or your lawyer.

Resources

Federal Circuit and Family Court of Australia

The Federal Circuit and Family Court of Australia gives information about:

  • the process of applying for orders
  • compliance with parenting orders
  • children and travel after a separation
  • recovery orders
  • contacts and support.

Visit the Court's Family Law Portal:

 Family Law portal

Legal assistance services

There are services in each state and territory that can help with legal problems, including family law issues.

The Attorney-General's Department has more information on:

Legal assistance services

All services

Get in touch

Family Law Watchlist
+61 2 5127 0004
alerts@afp.gov.au
Family Law recovery orders and arrest warrants
+61 2 5127 0016
Family.Law@afp.gov.au
Federal Circuit and Family Court of Australia National Enquiry Centre (except WA)
Federal Circuit and Family Court of Australia website
1300 352 000 (in Australia)
+61 2 7809 1036 (overseas)
enquiries@fcfcoa.gov.au
Family Court of Western Australia
Family Court of Western Australia website
1800 199 228 (in Australia)
+61 8 9224 8222 (overseas)
family.court@justice.wa.gov.au
Content type