Do you need permission to travel overseas with your child?

Do you need permission to travel overseas with your child?

 

If you are considering going on an overseas holiday with your child they will need a valid passport. Before an Australian passport can be issued to your child, the law requires the written consent of both parents (or of anyone who has parental responsibility for the child).

If you are unable to obtain the other parent’s consent, it may be necessary for you to apply to the Family Courts for an order permitting your child to travel with you internationally.

The Court when considering these applications will require full details of the intended travel arrangements, including dates of travel and destinations. If the Court is satisfied that the overseas travel will be in the child’s best interest, it will usually allow the child to travel.

If there is a risk that the child will not be returned to Australia, the Court may in some circumstances also make orders for a parent to provide financial security (a bond). That bond would be returned to the parent upon the child’s return to Australia and the delivery of their passport back to the Court.

It is an offence under section 65Y of the Family Law Act to take or send a child from Australia if the child is subject to a parenting order dealing with where the child lives, who the child spends time with or who has parental responsibility for a child without the written consent of both parents.

Similarly, section 65Z of the Act makes it an offence to take or send a child from Australia without the written consent of both parents if there are proceedings before the Court for the making of parenting orders.

It is important that you obtain legal advice about travelling internationally with your child, particularly if you have parenting Orders that do not expressly provide for international travel or where you have current parenting proceedings before the Court. If you need advice about travelling internationally with your child, please contact one of our experienced Family Law solicitors at Merridy Elphick Lawyers on 49292225.