Airport child alert

[Ozgirl1981 78]

Hi there,

A little about my situation... I have 3 children under 12yrs who will be coming with me to the USA. I have full custody of them with only me (Mother) being listed as parent. The father has had his parental rights taken away due to the court order. I also have an intervention order on him in which the kids are listed also. I do have my childrens passport without needing anything from him. I have had word that he is going to try put a child alert/border alert out for my children with the Australia Federal Police so they can't leave the country.I dont think I will have any troubles taken them to the USA as I will be travelling with all my documents.
Has anyone gone through anything similar with Tullamarine Airport, Melbourne?
We have yet to receive our NOA2 so wondering if maybe I should contact the AFP well in advance to let them know of my situation before we go through the airport?
Thanks in advance

[Janelle2002 3,865]

Not sure about Australia, but Your best bet is to have something from the court saying you have sole custody and you can take your children out of the country. If you do not, how are the airport personnel suppose to know you can, just in case he does send them this alert? To cover yourself I would have court documentation and send it to the airport in advance.

Also, you should search the forums for similar situations. The embassy will maybe require something showing that you are able to migrate with your children. I seen this where people were having to prove this in other posts and forums.

Edited June 27, 2013 by Janelle2002

[VanessaTony 3,567]

I wouldn't worry about it. Here: http://www.afp.gov.au/policing/family-law/family-law-kit.aspx#PutingChildsNameOnList

It says he needs a court order, and seeing he has no parental rights, and seeing you have an IO out on him... ain't gunna happen!

[Ozgirl1981 78]

I wouldn't worry about it. Here: http://www.afp.gov.au/policing/family-law/family-law-kit.aspx#PutingChildsNameOnList

It says he needs a court order, and seeing he has no parental rights, and seeing you have an IO out on him... ain't gunna happen!

Thanks for your replies.. I may let the AFP know before we travel, just in case he does somehow put an alert out. It may save time and hassles at the airport.

[VanessaTony 3,567]

Thanks for your replies.. I may let the AFP know before we travel, just in case he does somehow put an alert out. It may save time and hassles at the airport.

If you want to you can sure try... but there's nothing to tell. it would be like you calling your local baker and telling them. Without official paperwork/documents your call means nothing.

I'm not sure you actually read the link i posted... or your weren't telling the truth in the OP. He would need a court order. if he has NO parental rights he has NO RIGHT to put the child on the watch list. He can't just call the AFP, he needs to file paperwork which again, he has no right to as he has no parental rights (so again, it would be like your neighbour trying to put an alert out on your child, no right, no way).

Passport wise: http://australia.gov.au/service/passports-child-alert-request

You have nothing to worry about. But if you feel better calling, call now. Tell them your situation and ask their advice. Then you'll know for sure.

[NikLR 13,227]

*** moved to travelling during immigration as topic can apply to multiple visas and has good information for other people ***

[Ozgirl1981 78]

If you want to you can sure try... but there's nothing to tell. it would be like you calling your local baker and telling them. Without official paperwork/documents your call means nothing.

I'm not sure you actually read the link i posted... or your weren't telling the truth in the OP. He would need a court order. if he has NO parental rights he has NO RIGHT to put the child on the watch list. He can't just call the AFP, he needs to file paperwork which again, he has no right to as he has no parental rights (so again, it would be like your neighbour trying to put an alert out on your child, no right, no way).

Passport wise: http://australia.gov.au/service/passports-child-alert-request

You have nothing to worry about. But if you feel better calling, call now. Tell them your situation and ask their advice. Then you'll know for sure.

I did read the link you sent. I read it a few times. Maybe i should have put in other information such as "What if he doesn't know the court order exists and thats why he 'thinks' he can try". Part of the reason I am leaving this country and not my fiance living here is because of the father of my kids. I'd like the transistion to the USA as easy as I can for my children who have been through too much already without him trying to throw extra hurdles in our path.

There was one part of the link you sent which has me confused also (see below).. I guess I'll just have all paperwork ready just in case when going throught the airport.

http://www.afp.gov.au/policing/family-law/family-law-kit.aspx#Obligations

[VanessaTony 3,567]

I did read the link you sent. I read it a few times. Maybe i should have put in other information such as "What if he doesn't know the court order exists and thats why he 'thinks' he can try". Part of the reason I am leaving this country and not my fiance living here is because of the father of my kids. I'd like the transistion to the USA as easy as I can for my children who have been through too much already without him trying to throw extra hurdles in our path.

There was one part of the link you sent which has me confused also (see below).. I guess I'll just have all paperwork ready just in case when going throught the airport.

http://www.afp.gov.au/policing/family-law/family-law-kit.aspx#Obligations

Ohhh! Okay. The obligations section is actually referring to what HIS obligations would be if he were able get the court order. It's all part of the same issue, how to place the child ON the watch list. So for him, "To place a child's name on the watch list, you will be required to obtain a Court Order or an application for an immediate order (often referred to as a restraining or retention order) that directs the AFP to place the name of the child on the Airport Watch List.".

If he were able to get the Order (which again he can't because he has had his rights removed) then this is what HE would have to do: "Once you have obtained an Order from the Court, you or your solicitor should provide an original sealed copy to the AFP Family Law representative in the State or Territory office for the following as soon as practicable".

But as he can't get the Order stopping the children from leaving because in the eyes of the court he has no rights, then there will be no issue. If you wanted to check the watch list though that's the next section and isn't super simple (isn't just a phone call).

[Ozgirl1981 78]

Excellent.. Thanks for your help. It has eased my mind lots.