Easter holidays? Family Court Orders in your suitcase?

April 6th, 2017

A lot of separated parents travelling do not realise they need formal consent from the other parent before they travel out of Australia.

If there is a Family Court Order which permits overseas travel the travelling parent should take a certified copy with them. However, if there is no Court order, written permission should be obtained from the other parent.

There are penalties for breaches. If one parent takes the child out of the country without the other parent’s permission it could be a criminal offence under the Family Law Act.

Formal measures to ensure the other parent does not take the child outside of Australia without consent involves considering having the children placed on the Family Law Watch List (previously referred to as the Airport Watch List).  This will require proceedings to be commenced (which will also invoke s. 65Z of the Act).

If the child leaves without permission the law relating to The Hague Convention is activated. This is an international agreement where more than 90 signatory countries agree to uphold child custody orders from other signatory countries.

Nevertheless, good co-parenting would suggest that both parents communicate about travel plans in advance.

If you need advice on travel arrangements and child related matters over this Easter holiday period please feel free to contact us on 9221 5815 or info@bloxhamlegal.com.au.