Quick Exit

Can I use an injunction to stop my partner taking my child out of state?

If you have a reasonable belief that your former-partner will take your children interstate, you need to provide the Federal Police with an injunction order which places your child on the airport watch list. Although the Federal Police may not be able to prevent a child going interstate, they can prevent your child from leaving Australia.

In order to get an injunction, a court will need to be convinced that there are good reasons to be concerned. ‘Good reasons’ might include that:

  • your former partner won’t give you any details of the travel arrangements including how long the holiday will be, where the children will be staying etc.
  • your former partner has done things like selling their house, moving all their belongings into storage, closed bank accounts which could indicate their intention to not return.
  • your former partner has family and friends at the location who will be able to support him/her and is financially able to support themselves in the new location.
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