So you feel like going to Hawaii over the weekend, there’s a fantastic deal, the kids can come – it’s no big deal. So you go with the children on a spontaneous trip overseas, but you have a problem: you forgot to give notice to the other parent before leaving.
If you have had a relationship breakdown, it is likely that you have entered into a parenting plan or consent orders. These agreements will usually set out a parent’s responsibilities when it comes to travelling overseas with the children.
To travel overseas, you need a passport. Unless otherwise stated, you will need both parents’ consent to have a passport issued for your child. Your Consent Orders will detail if only one parent is required to permit a passport to be issued. Your consent orders will also probably detail which parent will hold the passports for safekeeping and the process by which the other parent should obtain the passport for overseas travel with the children.
Consent Orders and parenting agreements will detail the protocol for obtaining permission from the non-travelling parent for the children to travel overseas. This can include two weeks written notice coupled with a copy of the return ticket. The travelling parent may also need to make arrangements for the children to spend time with the non-travelling parent if the time overseas overlaps with their allotted time as carer for the children.
If you travel overseas with your child without permission from the other parent whilst having proceedings in Court, Consent Orders or Orders, you could be committing a criminal offence of overseas abduction.
If you are worried about your former partner travelling overseas with the children without your permission, Australia agreements with many countries to enable the children to be returned home. If your child has no passport, then your permission or a Court order is required for the child to obtain a passport. If your child does have a passport and you are concerned in this regard, then it is possible to place your child on a family law watch list. Once the child reaches the check-in desk at the airport, they will be refused travel overseas. This list is monitored by the Australian Federal Police and is designed to alert the police when the child is about to leave the country. You can apply to put your child on this watch list, especially if you have Parenting Orders in place which place limitations on your child’s travel.
If you have a family law parenting matter or concerns on this topic or on family law generally or want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Emily Graham & Andrea Spencer and edited by James Frank.
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Child, Child abduction, Passport, Consent Orders, Parenting Orders, Family Law