NSW Family Dispute Resolution - Preventing Daughter from Being Taken Overseas?

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PaulB

Member
4 September 2017
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I fear my ex-partner may be looking to relocate with our 5-year-old daughter of whom we share custody of children. I have attended family dispute resolution though my ex-partner failed to attend, so I have the required certificate to proceed.

I'd like to understand my options with the aim of preventing my daughter from being taken without my consent i.e. being placed on the Airport Watch-list.

Regards,
 

AllForHer

Well-Known Member
23 July 2014
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Okay, this isn't legal advice. It's just what I have learned in my own experience.

Now that you have a s 60I certificate, you can file an initiating application with the Federal Circuit Court for parenting orders.

Parenting orders ordinarily include provisions for what time the child spends with each parent, etc., but since your focus is on protecting the children against international abduction, you would be looking to an include an order that goes something like:

- That the mother and father, their servants and/or agents be hereby restrained from removing or attempting to remove or causing or permitting the taking or sending of the child from the Commonwealth of Australia; and

- That the name of the child be placed on to the Airport Watch List in force at all entry and departure points in the Commonwealth of Australia; and

- That the child's passport hereby be surrendered to the [local Court] until further orders are made by the Court in respect of the child's passport.

But get legal advice. You can self represent if you wish, but you should still get legal advice as the starting point.
 

PaulB

Member
4 September 2017
3
0
1
Okay, this isn't legal advice. It's just what I have learned in my own experience.

Now that you have a s 60I certificate, you can file an initiating application with the Federal Circuit Court for parenting orders.

Parenting orders ordinarily include provisions for what time the child spends with each parent, etc., but since your focus is on protecting the children against international abduction, you would be looking to an include an order that goes something like:

- That the mother and father, their servants and/or agents be hereby restrained from removing or attempting to remove or causing or permitting the taking or sending of the child from the Commonwealth of Australia; and

- That the name of the child be placed on to the Airport Watch List in force at all entry and departure points in the Commonwealth of Australia; and

- That the child's passport hereby be surrendered to the [local Court] until further orders are made by the Court in respect of the child's passport.

But get legal advice. You can self represent if you wish, but you should still get legal advice as the starting point.
 

PaulB

Member
4 September 2017
3
0
1
Thank you AllForHer.

I've been in touch with some firms today to get an idea of what an intial consultation might cost though no response as yet.

My daughters mother is a US citizen and my daughter only holds a US passport though was born here, which I'm sure will complicate things. Bloody tough all this.

Much appreciated.

Paul.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Agree with the above.