Im irish living here in australia on a sponsorship visa, my childs mother who is also irish and under my visa wants to

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Customer: Im irish living here in australia on a sponsorship visa, my childs mother who is also irish and under my visa wants to leave and take my child with her permanently, can she do this without me agreeing?
JA: Who currently has legal custody?
Customer: Well both of us we live together
JA: Is there a child custody order in place?
Customer: No nothing like that
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so
Answered by John Melis in 2 hours 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

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John Melis, Expert

You will be able to place the children on an airport watchlist.

If a parent is concerned that a child will be removed from Australia, whether temporarily or permanently without their consent, they can make an application to the Court for the child's name to be placed on what is known as an "Airport Watchlist" with the assistance of the Australian Federal Police.

Orders for a child's name to be placed on an Airport Watchlist (or to remain on the Airport Watchlist if already there), may be made on both an interim or a final basis and must be filed together with a supporting Affidavit

Once an application for an order placing the child on the airport watchlist has been filed with the court, a copy of the sealed application can be served on the Australian Federal Police who will take action to place the child on the watchlist at all Australian ports of departure on an interim basis, notwithstanding that there is no Court order as yet. The applying party will also be required to fill out specific forms required by the Australian Federal Police which can be obtained on their website

You will need to commence an action in the Family Court.

It is recommended that you do use lawyer for this process.

You can run the case yourself

The application is on the following link:

This link is a do it yourself guide on the family court website.

When you seek orders you need to be very precise on the details.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-diy-initiating-application

Once you complete the application you file the same with the court and then serve the document on the other party.

There is a small court fee that you will also be required to pay for the process as well.

In urgent matters Where a person is suspicious that a child may be removed from Australia they can notify the Australian Federal Police.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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