Travel restraint and airport watch list application workflow
When one parent signals international removal, the window to act is measured in hours. The FCFCOA can restrain travel, order the surrender of passports, and place the child on the PACE system, but the application must be properly founded on evidence of risk and must carry a clean undertaking as to damages where appropriate.
This is an 8-step workflow for obtaining an urgent travel restraint order and placing a child on the Australian Federal Police PACE airport watch list under the Family Law Act 1975 (Cth). It covers urgency, ex parte application, and enforcement through the AFP.
Before you start
- Client instructions and signed costs agreement
- Evidence of flight risk (booked travel, threats, overseas family ties)
- Details of all passports held or potentially held by the child
- List of countries of concern (Hague and non-Hague)
The workflow
Assess urgency and risk of removal
Apply the risk factors — threats, ties abroad, booked travel, removal of belongings, non-Hague destination — to decide whether ex parte relief is justified or whether an on-notice hearing will suffice.
Draft initiating application and affidavit
Draft an Initiating Application seeking location, recovery, and restraint orders, supported by an affidavit from the client setting out the risk factors, history, and evidence of threatened removal.
Prepare the draft orders
Draft orders covering restraint on removing the child from Australia, surrender and hold of passports, PACE watch list placement, and service and return date orders.
File urgently and seek ex parte listing
File the application through the Portal and contact the registry directly to seek an urgent ex parte listing. Attend registrar or duty judge list and make submissions on urgency and balance of convenience.
Obtain sealed orders and AFP request letter
Collect the sealed orders and prepare a PACE request letter to the AFP Family Law Watch List team, enclosing the sealed order and the child's identifying details.
Serve orders and lodge PACE request
Serve the sealed orders on the respondent as soon as safely possible and lodge the PACE request with the AFP. Confirm receipt and placement on the watch list in writing.
Attend the inter partes return date
At the return date, respond to any application to discharge or vary. Adduce further evidence of risk and address undertakings as to damages if required.
Review, extend or discharge the restraint
As proceedings progress, review whether the restraint remains necessary. Extend on fresh evidence of continuing risk or consent to discharge where risk abates.
What you will have at the end
Sealed FCFCOA orders restraining international travel, requiring passport surrender, and placing the child on the AFP PACE airport watch list, enforced at every Australian international departure point.
Common issues
- Evidence of risk is generalised rather than specific
- Failure to seek orders for passport surrender alongside restraint
- PACE request lodged without a sealed order attached
- Undertakings as to damages not addressed at the ex parte hearing
- Respondent has dual nationality and alternate passport not addressed
Run this workflow on a real matter
Quillio drafts the urgent initiating application, risk-based affidavit, and the PACE request letter to the AFP. See /practice-areas/family-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. Urgent international removal risk should be referred to experienced counsel; this workflow is a checklist only.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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