My sons grandmother is his legal guardian for now and is wanting to move to new Zealand from Australia with my son. What

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Customer: Hi. My sons grandmother is his legal guardian for now and is wanting to move to new Zealand from Australia with my son. What are my rights ? Can I stop her from taking him to live in another country
JA: What steps has the guardian taken? Have they filed any papers in Australian family court?
Customer: No
JA: Have they talked to a lawyer about this yet?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just want my son back I don't want him to go. He is 4 years old and has been living with his grandmother for almost 3 years but with all intentions of him always coming back in my care
Answered by John Melis in 1 hour 1 year ago
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John Melis
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

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. This application is for an "Airport Watchlist" order.

An airport watch list stops the child from being removed out of Australia.

You may contact the Australian Federal Police, where the matter is urgent.

Watch list orders can be on an interim or final basis. An affidavit should support the application to the Court.

When the Court Order issued, services may occur on the Australian Federal Police.

They 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.

You may commence an action in the Family Court.

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.

​Thanks for reaching out about this today.

That's a great question you asked.

If you follow the steps I've suggested above, it will give you a direction to go. Let us know if you have any other questions.

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