There are three types of orders which a Court can make in relation to the whereabouts, recovery and protection of your children regarding interstate or overseas travel while they are with your ex-partner:
- Location or Commonwealth Information Orders – if you do not know the whereabouts of your child, this Order is made if a court is satisfied that a person or a government agency has knowledge about the whereabouts of your child. If the Court makes this Order, the person or government agency, for example, a family friend who you believe knows the location of your child, or a Commonwealth department such as Centrelink, must provide the information they have regarding your child’s location to you as soon as possible, to enable you to locate your child.
- Watch List Orders – if you are concerned your ex is going to take your child overseas without your consent, an urgent Order can be made to place your child’s name on a Watch List, and the Australian Federal Police will be alerted if your child’s passport is used. The Australia Federal Police then take action to prevent your child from leaving the country without your consent.
- Recovery Orders – if your ex has taken your child to another state or to an overseas country, you are able to apply to the Court seeking that your child be ‘recovered’ and returned to your care.
If it is the case that you concerned about your ex taking your child interstate or overseas, it is important to ensure that any agreement regarding care arrangements for your child is formalised in the Family or Federal Circuit Court of Australia. If you require assistance seeking any of the above orders or applying to the Court to formalise an agreement between you and your former partner, please contact our family law team on 07 3009 8444.