We understand that many separated parents find it difficult to reach an agreement regarding taking their children overseas due to a lack of trust or simply out of spite. If you find yourself in this situation, you can take the children overseas without your ex partner’s consent if:
- You have the children’s valid passports;
- There are no parenting orders in place that deal with overseas travel.
However, you should be aware of the following risks:
- Your ex-partner may make an urgent Court application seeking an Airport Watch List Order which may prevent you from leaving the country with the children. If the order is made prior to you leaving the country, you will be stopped by the Australian Federal Police at the airport as your child’s name will be recorded on the Airport Watch List. In these circumstances, you will be required to travel but your child will not.
- If you leave the country with the children, your ex partner may make an urgent Court application seeking an order for the children to be returned to Australia. If the Court makes the order and you have travelled to a country that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (known as “The Hague Convention”), the authorities in the country you have travelled to will force you to return to Australia with the children.
Counsel Family Lawyers can help you to avoid disputes regarding overseas travel with your children by drafting Consent Orders which clearly outline the conditions surrounding any overseas travel. If you need further advice about travelling overseas with your children, you should contact our office to make an appointment well prior to making any arrangements to travel. Please contact our office on 9320 3900 or email [email protected].
The information in this blog does not constitute legal advice and cannot be relied upon by you. If you require advice specific to your situation you must contact Counsel Family Lawyers for legal advice. The contents of this blog are relevant as at 30 June 2017. We recommend you obtain specific advice relevant to you and your family situation.
Written by Alex Finemore
