Family Law

If you’re concerned that the other parent may attempt to take your child out of the country without your consent, it’s essential to seek legal advice immediately.

Taking urgent action can help prevent an unauthorised relocation—particularly to countries that do not have reciprocal arrangements with Australia under international child abduction treaties. More specifically, you may need to apply for an injunction order through the Family Court of Western Australia.

If you fear that your child is a flight risk, please make this known to our experienced family lawyers in Perth, and we will endeavour to prioritise your matter.

Get help

Apply for an injunction order in WA

If you are worried that your child may be taken out of the jurisdiction without your permission, it’s crucial to act quickly. To apply, you will need to file an application with the Family Court, supported by an affidavit that sets out the reasons for your request and any evidence of risk.

This legal process can be complex, particularly in urgent cases. At Affinitas Legal, we assist clients through every stage of the application—from preparing documents and filing with the correct court, to engaging with the Australian Federal Police where necessary and representing you in the final hearing.

Together, we can ensure your application is handled efficiently, carefully, and with your child’s safety at the core.

Our family lawyers can help:

 
  • Evaluate your situation: We will review your current parenting arrangements and any warning signs to determine whether applying for a flight risk injunction is suitable for your circumstances.
  • Explain your legal options: We can empower you with practical and personalised advice about your legal rights and responsibilities in relation to injunction orders.
  • Prepare your court documents: Our lawyers will draft your application and affidavit carefully, ensuring your concerns are clearly outlined and supported with relevant facts for the Court to consider.
  • Act promptly when urgency matters: Where there is an immediate risk of your child being taken overseas, we will move quickly to file your application, attend court on your behalf if required, and seek urgent orders.
Get help

Contest an injunction sought against you

If a flight risk injunction has been made against you and you believe it unfairly limits your parental rights or is not in your child’s best interests, you can request that the Court review the order.

To do this, you will need to apply to vary or discharge the injunction. This can be a complex process, and it’s important to present clear, well-supported reasons for your request.

Our experienced family lawyers can guide you through each step. We’ll assess your situation, explain your options as the defendant, and prepare your application with care. If the matter proceeds to a trial, we can represent you in litigation and advocate for a fair outcome.

Please note that you must continue to comply with the existing court order while your application is under consideration.

Get help

Perth’s trusted injunction order lawyers

Compassionate & calm support

When you’re worried your child may be taken overseas without consent, the stress can feel overwhelming. Our team offers more than just legal advice—we’re here to support you with steady and empathic guidance during this critical time.

Straightforward legal advice

Urgent circumstances call for clear thinking. We explain your legal options in plain English, so that you can understand your rights, navigate the injunction process, and decide what actions to take right now to help safeguard your child.

Tailored solutions

No two families are the same—and neither are the risks they face. We take the time to listen to your concerns and develop a personalised legal approach that aligns with your circumstances, streamlines litigation, and prioritises your child’s safety.

Swift legal action

When time is of the essence, you need a team that can act quickly on an urgent basis. We move efficiently to prepare and file court injunction applications, helping you respond to flight risks without delay or unnecessary legal costs.

GET TO KNOW US

Meet our family lawyers in Perth

Our family lawyers are here to help both plaintiffs and defendants navigate injunction orders. Equipped with personalised legal support, you can make confident decisions that protect your loved ones.

Meet our team

Frequently asked questions

What is an injunction order for flight risks?

An injunction is a type of court order made by the Family Court of Western Australia to prevent a child from being removed from Australia without proper authorisation.

Injunction orders are typically sought when there is a concern that one parent or guardian may attempt to take the child overseas, potentially affecting the other party’s parenting rights or the outcome of ongoing proceedings.

If an injunction order is granted, the court can also direct the Australian Federal Police (AFP) to place the child’s name on the Family Law Watchlist. This will ensure they cannot leave the country through any international departure point.

What are interlocutory injunctions versus ex parte interim injunctions?

While the terms are often used interchangeably, there is an important distinction between interlocutory injunctions and ex parte interim injunctions.

An interlocutory injunction is a temporary remedy granted by the Family Court during legal proceedings. Its purpose is to prevent one party from taking certain actions that could cause irreversible harm or prejudice to the other party before the court has made a final decision.

These orders are discretionary and only granted where the court is satisfied that the applicant has a serious issue to be tried, that damages would not be an adequate remedy, and that the balance of convenience favours the granting of the injunction.

In contrast, an ex parte interim injunction is a court order made urgently without the other party present when there is a risk that giving prior notice could undermine the purpose of the application.

Only intended to take effect for a short period of time, interim injunctions are typically used to preserve the current situation and protect a child’s welfare until a full hearing can be held.

Interim injunctions are governed by the same legal principles as interlocutory injunctions, but are generally sought in more time-sensitive or high-risk situations.

What is the Family Law Watchlist?

The Family Law Watchlist, previously known as the Airport Watchlist, is maintained by the Australian Federal Police and allows the enforcement of court orders that restrict a child from leaving Australia.

If a child’s name is placed on the Watchlist under a valid order or application, border authorities will be alerted if an attempt is made to remove the child from the country.

The child will not be permitted to leave Australia unless the mandatory injunction allows it or the other parent consents under the terms of the order.

– A child may be placed on the Family Law Watchlist if:

– A parenting order or injunction prohibits overseas travel;

– An application is before the court seeking to enforce restricted travel; or

– The matter is under appeal, and travel remains in dispute.

Should I apply for a Family Law injunction order?

You should consider applying for an injunction if you have reasonable grounds to believe that the other parent may remove the child from your care or Australia without consent, or if they are engaging in conduct that may place the child’s wellbeing at risk.

Common circumstances where an injunction may be appropriate to enforce include:

– Threats to take the child overseas or refuse to return them

– History of non-compliance with parenting arrangements

– Concerns about drug or alcohol misuse

– Domestic or family violence

– Attempts to change the child’s name or conceal their location

– Failure to attend to the child’s schooling, healthcare, or safety

Even if there are no current parenting orders in place, you may still decide to apply to the Family Court of WA for an injunction order.

Legal advice is strongly recommended to determine whether an order for an injunction is the most appropriate course of action in your specific circumstances.

What factors does the court consider when deciding whether to grant an injunction order?

When deciding whether to grant an injunction restraining travel, the Family Court will assess whether there is a genuine risk that the child may be taken overseas without appropriate consent, and whether such removal would be contrary to the child’s best interests.

This judgment may also consider factors. For example:

– Whether the other parent has disclosed detailed travel plans

– Whether they have purchased one-way or return tickets

– The proposed duration and purpose of the travel

– Whether they have recently sold property or relocated

– The presence of family or support networks overseas

– Whether the destination country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction

The Family Court has discretionary power to assess each case on its merits, with the child’s welfare being paramount.

How long does it take to get an injunction order in WA?

The timeframe for obtaining an injunction depends on the urgency of the matter and the availability of the court. In urgent cases where there is a credible risk of imminent removal, an interim injunction may be granted on the same day or within 24 to 48 hours.

More comprehensive interlocutory injunctions, which may be contested by the other party, usually require a court hearing and may take longer depending on the complexity of the case. It is advisable to seek legal advice promptly if you believe an injunction is necessary.

What happens if an injunction order is breached?

Breaching an interlocutory, ex parte interim or permanent injunction order is a serious matter. Parties found to be in breach may be held in contempt of court, which can result in significant penalties, including fines or imprisonment.

Where the breach involves the removal or attempted removal of a child from Australia, urgent enforcement measures can be sought through the court, and law enforcement authorities may become involved. If you believe an injunction order has been breached, you should obtain immediate legal advice.

Can I take my child overseas if they are on the Family Law Watchlist?

Travel is strictly regulated if your child is listed on the Family Law Watchlist. In most cases, you cannot travel internationally with your child unless the court order specifically permits it or you have documented written consent from the other parent under the order.

If the order allows travel under certain conditions (such as mutual consent), you must:

– Obtain written consent in the form of a statutory declaration signed by the other parent

– Notify the AFP by emailing the documentation to alerts@afp.gov.au

– Carry all relevant court orders and consent documents when travelling

Failure to comply with these requirements may result in a breach and possible criminal penalties.

What if my child is already outside of Australia?

If your child has been removed from Australia without your consent, your legal options depend on the country they have been taken to.

Australia is a party to the Hague Convention on International Child Abduction, which provides a legal framework for the prompt return of children wrongfully removed to or retained in other signatory countries.

You may be able to apply under the Convention to have your child returned to Australia if they are under 16 and the country is a signatory.

If the country is not a party to the Convention, the process is more complex, and you may need to pursue legal proceedings in that country. In such cases, professional legal advice is essential.

TESTIMONIALS

What our clients say

STAY UP TO DATE

Learn more about children’s matters