Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Child abduction

Find out what you can do if your child has been taken without your agreement, or you are worried they will be taken.

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We understand that child abduction is stressful and overwhelming. You do not have to work out what to do on your own.

Contact Legal Help Chat on our website or phone Legal Help on 1300 792 387 for information and help finding a lawyer.

For support with parenting arrangements and child contact, go to Other support on our website.

This information applies to parents and other people involved in the care of children, including grandparents, kinship carers and other relatives.

If you think your child will be taken overseas

There are steps you can take if you are worried someone will take your child overseas without your agreement.

Depending on your situation, you can ask the Federal Circuit and Family Court of Australia to:

  • stop your child from leaving Australia
  • order that your child’s passport is handed in
  • place your child on the Family Law Watchlist.

Get legal advice as soon as possible. A lawyer can help you work out which option is right for your situation and whether you need an urgent court application.

Family Law Watchlist

If you are worried your child may be taken overseas without your agreement, you can apply to have them added to the Family Law Watchlist. This is a list run by the Australian Federal Police that alerts police when a child tries to travel. It is sometimes known as the ‘Airport Watchlist’.

To place your child on the Family Law Watchlist, you generally need to have either:

  • a parenting order or injunction that limits overseas travel
  • an application before the court for a parenting order that would limit overseas travel.

To find out how to place a child on the Watchlist, go to Family Law Watchlist on the Australian Federal Police website.

If there is a risk your child could be taken overseas before the next working day, you can contact the court’s after-hours service. Phone 1300 352 000.

The law can be complex. Get legal advice, if you can. If you need to make the court application yourself, our Family Law Watchlist order kit has forms and instructions to help you.

Passports

If your child does not have a passport, you can refuse to sign their passport application. To apply for an Australian passport for a child, you usually need consent from both parents, or carers.

If you are worried someone will apply for a passport without your consent, you can ask the Australian Passport Office for a child alert. A child alert tells the Passport Office to closely check any passport application for your child.

A child alert does not guarantee that a passport application will be refused.

Go to Child alerts on the Australian Passport Office website for more information.

A child alert only applies to Australian passports. If your child could get a passport from another country, contact that country’s embassy or consulate for advice.

If your child has been taken overseas

Get legal advice as soon as possible if your child has been taken overseas without your agreement or has not been returned.

International child abduction law is complicated. Your options will depend on factors such as:

  • which country your child is in
  • your child’s age (for example, a child must be under 16)
  • where your child usually lives
  • whether you agreed to the child travelling or staying overseas
  • how long your child has been overseas.

The Hague Convention

Australia and many other countries are part of an international agreement called the Hague Convention on the Civil Aspects of International Child Abduction.

The Hague Convention means that you can apply for your child to be returned to Australia if they have been taken without agreement. It does not apply in every situation or between every country.

The Australian Attorney-General’s Department can give you information about:

  • whether the Hague Convention applies between Australia and the country your child is in
  • the process for applying for your child to be returned to Australia
  • how to make an application.

Go to the Attorney-General’s Department website for information about international parental child abduction and Hague Convention countries.

Non-Hague Convention countries

Get legal advice if your child has been taken to a country that is not part of the Hague Convention. This is a complex issue.

You may be able to get financial help to fund a lawyer. Go to Support and assistance on the Attorney-General’s Department website.

The Department of Foreign Affairs and Trade can provide limited support. Call the 24-hour Consular Emergency Centre on 1300 555 135 for advice.

If your child has been taken somewhere in Australia

If you believe your child is in immediate danger, phone triple zero (000) and ask for police. You can also phone the 24-hour Child Protection Crisis Line on 13 12 78.

If someone has taken your child without your agreement, you can ask the Federal Circuit and Family Court for a recovery order. A recovery order is a court order that requires a child to be returned.

The court will consider what is in the child’s best interests when deciding whether to make the order.

The Australian Federal Police or state police can help recover a child once the court has made an order.

For more information, go to Children: Recovery orders on the Federal Circuit and Family Court’s website.

This area of law can be complicated. We recommend getting legal advice if you can.

If you need to apply for a recovery order yourself, our Recovery order kit has forms and instructions to help you.

If you do not know where your child is

You may be able to ask the court for a location order if you do not know where your child is.

A location order means that a person or organisation must give the court any information they have about where your child is.

For example, Centrelink may know the location of the parent or carer who has your child.

For more information about location orders, go to Children on the Federal Circuit and Family Court’s website.

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