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Injunction to restrain children from leaving Australia
The Court has power to grant an injunction to restrain the removal of children from the Commonwealth of Australia. This power may be exercised in limited circumstances where there is a real risk that the children will not be returned to Australia.
If the Court grants an injunction, the names of the children are placed on the Airport Watch List which is operated by the Australian Federal Police at all points of departure throughout Australia. Should there be an attempt to remove the children, they will be stopped at the Immigration check point by the Australian Federal Police.
In urgent cases, the injunction may be made "ex parte" that is, in the absence of the other party. In one instance, the Court ordered an airline to land its plane in Darwin (after it had left Sydney) to enable the Australian Federal Police to remove the children from the aircraft.
The Lawyers at Patrick Lim & Associates have considerable experience in this very complex area of law. If your spouse is attempting to remove the children out of the country or alternatively, is trying to prevent you from taking the children out of Australia, contact one of our Lawyers.
A successful outcome in these cases depend very much on taking action immediately and urgently.
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