Legal definition of "flight risk"

[Raymondo]

I am currently under a Departure Prohibition Order because my ex-wife informed the Department of Human Services that I was a flight risk.

I am a UK national, but have been living in Australia for 21 years. I have a child here. My parents now live in Australia. I have traveled extensively for the whole period of my life I have lived in Australia and have always returned - probably over 100 international trips in this time. I am also in a long term relationship and have no plans to flee the country.

How can I discredit or prove that I am not a flight risk and that the DPO should be revoked? Is there an official legal definition that the courts rely on?

Thanks for your help,

Ray

 

[Rod]

What gives her the right to have you declared a flight risk? (eg child, spousal maintenance, debts, other)

 

[Raymondo]

There is a spousal maintenance debt which I am fighting in court this week.
However, the DPO has been imposed on her word - she told them I was a flight risk and within minutes they issued a DPO - and not because of the actual debt.
There was already existing debt and I had traveled regularly for work internationally before she told them I was a flight risk - 20+ trips overseas and always returned.
I now have a need to travel for work again and DHS are saying that unless my debt is cleared, I won't be able to leave the country, even though work is paying for the trip.

 

[Rod]

Do you have a lawyer? If so, ask them to get an order lifting the flight risk at court. If necessary, consider offering some kind of surety or even a bank guarantee.

A letter from your employer saying the trip is for work purposes will help you. Hard to pay spousal maintenance if you have no job because you can't travel.

 

[Raymondo]

No money for a lawyer unfortunately. I have put in my orders sought a lifting of the DPO. I may try to offer some sort of surety in court, although I really dont have any financial resources to cover it.

Thanks for your help Rod. I suppose I could just try to rely on my travel history and the fact I have nowhere else to go.

 

[ArmandoMyers]

But if she has no proof, you can sue her easily for ruining your life and reputation.

 

[karissatbeltran]

Showing you’ve got solid ties to the country—like your job, family, or travel history—can really help. Even offering a small guarantee or something similar might show you’re serious about staying.

If it’s for work, getting a letter from your employer explaining why you need to travel could also back you up. Especially if it’s for business class flights paid by work—it shows you’re focused on your job and not trying to skip out.