International travel with children after separation can present challenges, whether you want to take your child overseas or are concerned about the other parent doing so. Understanding the legal requirements and communication protocols is essential.
Obtaining a passport for a child involves the consent and signature of both parents or people who have parental responsibility. If the other parent refuses to sign the passport application, you will not be able to lodge it.
In this situation you will need to apply to the Family Court or Federal Circuit Court for orders for travel and provide an affidavit outlining the particulars of the situation including:
If you are concerned that your child may be taken out of Australia without your permission, you should seek legal advice immediately.
There are ways to prevent your child being taken overseas:
If you are planning a holiday, or you are concerned about the other parents’ movements with your child, it is important to get legal advice urgently.
Contact our team to find out how we can make this application on your behalf.
Planning international travel with children after separation in Australia? Foye Legal, serving the Illawarra, South Coast, and Sydney, can help navigate consent and court orders. Ensure smooth travel – contact us today.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
Generally, taking a child overseas when Australian family law orders exist requires the consent of all parties with parental responsibility or a specific court order permitting the travel. Breaching these orders can have serious legal consequences.
If the other parent with parental responsibility withholds consent for international travel, you can apply to the Family Court of Australia for an order permitting the travel. The court will consider the child’s best interests when making a decision.
If no family law orders are in place, it’s still best practice to discuss travel plans with the other parent. If orders exist, obtain written consent or apply to the court for permission well in advance of your intended travel dates, providing detailed information about the trip. You may also need to consider passport requirements and any international child abduction conventions.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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