(02) 9525 8688

(02) 9525 8688

Child Support Departure Prohibition Orders and Authorisation Certificates.

Child Support Departure Prohibition Orders and Authorisation Certificates

The Child Support Agency (CSA) has the power to prevent a person who has failed to pay their child support liabilities from leaving Australia. A Departure Prohibition Order (DPO) will be made to stop a person from departing from Australia for a foreign country if:
(a) the person has a child support liability;
(b) the person has not made arrangements satisfactory to the Registrar for the child support liability to be wholly discharged; and
(c) the Registrar is satisfied that the person has persistently and without reasonable grounds failed to pay:
     (i) child support debts arising from a registrable maintenance liability under section 17; or
     (ii) a child support debt arising from a registrable maintenance liability under section 17A; or
     (iii) one or more child support debts arising from a registrable overseas maintenance liability under
           subsection 18A(1), paragraph 18A(3)(a) or subsection 18A(4) (insofar as subsection 18A(4)
           relates to subsection 18A(1) or paragraph 18A(3)(a)); and
 
(d) the Registrar believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:
 
     (i) wholly discharging the child support liability; or
 
     (ii) making arrangements satisfactory to the Registrar for the child support liability to be wholly discharged.
 
A Departure Authorised Certificate (DAC) can be obtained, which will allow you to leave the country even if a DPO is in force in the following three situations:
 
(a) where the child support debtor is likely to depart and return, withdrawal of DPO is possible and security is not necessary; or
 
(b) where the child support debtor has provided a security under Section 72A of the Child Support Act in the form of a bond or security; or
 
(c) DAC has been issued on humanitarian grounds or in the country's interest.
 
If you have any queries in relation to child support, please contact our Family Law team at wmd@wmdlaw.com.au or on 9525 8688.