Here in Australia, if you are separated and want to travel overseas with your children, you need to have either the other parent’s written consent or a court order that allows you to.
The other parent’s consent is essential
Even if you have the child or children’s passports, there is a practical requirement, particularly if you are separated, to have the written consent of the other parent before taking your children out of Australia. This is to ensure that both parent’s rights are respected and also to prevent international child abductions. Whilst travel may occur without you providing evidence of the other parent’s consent, our experience is that the Immigration Department can request and require proof of consent before allowing a child to travel.
What if the other parent won’t provide consent?
If the other parent refuses to provide consent, you can apply to the Federal Circuit and Family Court of Australia for a court order that will allow you to. Your application needs to include an affidavit that sets out the key facts relating to the travel, including:
- The purpose of the travel (Eg, Holiday, visiting family, etc.)
- The children’s ties to Australia.
- Whether or not the country or countries you are visiting are members of the Hague Convention.
- If there are any travel warnings in place for the country or countries you are visiting.
- Your and your children’s immigration status.
- Whether or not you are willing to provide a monetary sum as security.
- Any other relevant factors or considerations.
What to do if you’re concerned about the other parent taking your children overseas, without your consent
If you’re worried that the other parent might take your child overseas without your consent, you can apply to have your child or children placed on the Family Law Watch List. Once added to the list, the Australian Federal Police will be alerted if anyone (including you) tries to take your child through an international airport or port.
To do this, you will first need to apply for a court order through the Federal Circuit and Family Court of Australia. Once the order is granted, you will then need to submit a Family Law Watchlist request form to the Australian Federal Police.
Need advice?
Navigating these types of parenting disputes or concerns and applying for court orders can be overwhelming. The team at Lakey Family Law and Mediation has extensive experience in this area and is here to help. Contact us for an initial, obligation-free chat.
