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.
