Most separated couples have no issue taking their children on an overseas holiday. However, it is common for parents to have concerns about allowing their children to travel internationally with a former partner. These concerns may stem from general separation anxiety or, in more serious cases, fears of potential child abduction.
Our Family Lawyers are frequently asked: “Can my ex take my child overseas?”
Legal issues often arise because many parents are unaware that formal written consent or a Family Law Order is usually required before a child can travel overseas.
How Can I Take My Children on an Overseas Holiday?
If you are planning an overseas trip with your children, you should notify your former spouse as early as possible. When doing so, it is important to provide a clear and detailed itinerary.
Your itinerary should include:
- The countries and cities you plan to visit
- The dates of travel
- How the other parent can communicate with the children while overseas
- Accommodation details, including hotel names and contact information
- Flight numbers and relevant travel details
- Any proposal to make up time with the other parent after the trip
Once this information is provided, the other parent must agree to the proposed travel.
What If the Other Parent Does Not Agree?
If your former spouse does not consent to the overseas travel, you may apply to the Court for an order permitting the trip.
When considering your application, the Court will assess several factors, including:
- The background of both parents
- The nature of the parental relationship
- The length of the proposed trip
- The age of the children
- The country or countries being visited
- The risk that the children may not return to Australia
If the Court determines there is a genuine risk the children may not return, it is unlikely to grant an order allowing the travel.
Can the Court Still Permit the Trip?
Yes. If a parent unreasonably refuses consent for an overseas trip, the Court may still allow the travel to proceed.
This principle applies both ways. You should not unreasonably deny your former partner the opportunity to travel overseas with the children. However, if there is a legitimate concern about child abduction, it is essential to seek urgent legal advice.
We strongly recommend obtaining legal advice from a Family Lawyer if you wish to take your children overseas or if you are concerned about the risk of overseas abduction.
To discuss your Family Law matter and explore your options, please contact our Sydney Family Law team on 02 9891 6388.
New South Lawyers’ communications are intended to provide general information only and should not be relied upon as legal advice. Formal legal advice should be obtained for matters arising from this information.
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