Legal definition of "flight risk"

[Raymondo]

I am currently under a Departure Prohibition Order because my ex-wife informed the Department of Human Services that I was a flight risk.

I am a UK national, but have been living in Australia for 21 years. I have a child here. My parents now live in Australia. I have traveled extensively for the whole period of my life I have lived in Australia and have always returned - probably over 100 international trips in this time. I am also in a long term relationship and have no plans to flee the country.

How can I discredit or prove that I am not a flight risk and that the DPO should be revoked? Is there an official legal definition that the courts rely on?

Thanks for your help,

Ray

 

[Rod]

What gives her the right to have you declared a flight risk? (eg child, spousal maintenance, debts, other)

 

[Raymondo]

There is a spousal maintenance debt which I am fighting in court this week.
However, the DPO has been imposed on her word - she told them I was a flight risk and within minutes they issued a DPO - and not because of the actual debt.
There was already existing debt and I had traveled regularly for work internationally before she told them I was a flight risk - 20+ trips overseas and always returned.
I now have a need to travel for work again and DHS are saying that unless my debt is cleared, I won't be able to leave the country, even though work is paying for the trip.

 

[Rod]

Do you have a lawyer? If so, ask them to get an order lifting the flight risk at court. If necessary, consider offering some kind of surety or even a bank guarantee.

A letter from your employer saying the trip is for work purposes will help you. Hard to pay spousal maintenance if you have no job because you can't travel.

 

[Raymondo]

No money for a lawyer unfortunately. I have put in my orders sought a lifting of the DPO. I may try to offer some sort of surety in court, although I really dont have any financial resources to cover it.

Thanks for your help Rod. I suppose I could just try to rely on my travel history and the fact I have nowhere else to go.