QLD Ex Refusing Child Travel Overseas

[Cate]

Hello

I'm not yet separated but will be shortly (separation). My partner is refusing to leave the family home so I have an appointment with a lawyer next week to work out how to best extricate myself.

In a fit of spite my de facto partner is refusing permission for me to take our 7 year old son on a long planned 3 week overseas holiday with my mother to Europe and Singapore. The tickets are already paid for. He is threatening to have our son placed on the Airport Watchlist.

I have a current passport for my son and there are no parenting orders or pending parenting orders.

There is no risk of abduction. My mother and I are Australian citizens only and permanently residing here. I have a fulltime job and because my partner is unemployed, I am responsible for the joint mortgage.

Based on internet research it appears I can apply to the Federal Court for consent orders to travel.

I have three questions:
1. Will I be notified if my partner places our son on the Airport watchlist?
2. Our flights are in early October so how quickly can the Court hear an application for consent to travel?
3. Is it practical to DIY an application?

Thanks

 

[Sarah J]

Hi Cate,

To be placed on an Airport Watch List (also known as a Family Law Watchlist), a parent will need to obtain a court order.

I suggest reading this fact sheet before worrying.

From the facts you have provided above, it does not look like your partner will have much chance of succeeding in a court order. This is for all the reasons that you yourself have identified above. I would not worry about it until you receive notification from court that your partner has applied for a parenting order. Until then, it is just an empty threat, likely made in the heat of the moment.