The long Christmas holidays present a golden opportunity for overseas travel for many families. But for divorced or separated parents travelling with children, an international holiday may take special preparations. The lurking fear, of course, is that a parent may take children beyond the reach of the Australian courts and then fail to return with them. Rational or not, the fear of international abduction has to be addressed, so some step-by-step planning is in order. The fundamental rule is that a parent should always obtain written consent of the other before taking children for an international holiday. If a parenting order is in force or if court proceedings are pending, it is a crime to remove children from Australia without consent or a court order. The penalties include jail time. Travelling overseas over the long holidays may provide an important opportunity for children to find and build ties with extended family. But for divorced or separated parents, the trip will take some additional advance planning. At Owen Hodge Lawyers, we look forward to helping you and your family with any issues you may have with overseas holiday travel with children. Please call us to schedule a consultation at 1800 780 770.

1. Travelling Overseas with Children after Separation or Divorce
Legal Basics
The long Christmas holidays present a golden opportunity for overseas travel for many families.
But for divorced or separated parents travelling with children, an international holiday may take
special preparations.
The lurking fear, of course, is that a parent may take children beyond the reach of the Australian
courts and then fail to return with them. Rational or not, the fear of international abduction has to
be addressed, so some step-by-step planning is in order.
FUNDAMENTAL RULE
A parent should always obtain written consent of
the other before taking children for an international
holiday.
If a parenting order is in force or if court proceedings
are pending, it is a crime to remove children from
Australia without consent or a court order.
The penalties include jail time.
SUNSHINE ALL AROUND
CHECK-IN
WRITTEN
CONSENT
WRITTEN
CONSENT
The children do not
have passports
PASSPORT
MISSING
1 Your former or estranged spouse
will have to sign the passport
application.
PASSPORT
APPLICATION
2 If he or she refuses, Family Dispute
Resolution may offer an avenue for
working things out.
PASSPORT
APPLICATION
3 Failing that, you must file an applica-
tion with the Family Court for an order
that either waives the signature
requirement or directs the other
parent to sign. This process must be
begun well in advance of your travel
dates to ensure a timely hearing.
PASSPORT
APPLICATION
OUTCOME 1:
Waives the
signature
requirement
PASSPORT
APPLICATION
OUTCOME 2:
directs the
other parent
to sign
You may be good to go if you and your ex:
get along famously, and
the children already have passports, and
there are no proceedings pending, and no parenting
order is in place or there is one that specifically outlines
the conditions for overseas travel, with which your trip will
comply.
For your own legal protection, it may be wise, even when
not required, to get advance written consent.
Travel plans in conflict
with an existing order
Even if an existing parenting order would ordinarily permit international travel,
parents may find their plans running afoul of agreements about the sharing of
holiday time.
As with a passport dispute, the first step might be to work through FDR and
thereafter to seek a modification of the existing order. But this may take several
months, and so should be begun early. Courts tend to deal quite firmly with
deliberate violations of parenting orders.
Travelling overseas over the long holidays may provide an important opportunity
for children to find and buildties with extended family. But for divorced or sepa-
rated parents, the trip will take some additional advance planning.
The Family Court will consider:
how long you intend to stay outside the jurisdiction
the bona fides of the application;
whether the destination country is signatory to the Hague Convention on the Civil
Aspects of International Child Abduction;
any threats to the children’s welfare in the proposed overseas environment; and
how satisfied the Court is that your promise to return to Australia will be honoured.
If the Court grants the application, you may be on your way to the passport office.
Alternatively, the Court may impose certain requirements, such as the posting of financial
security, to ensure that you will return as promised.
APPLICATION
GRANTED
PASSPORT OFFICE
At Owen Hodge Lawyers, we look forward to helping you and your family with
any issues you may have with overseas holiday travel with children.
Please call us to schedule a consultation at 1800 780 770.
CONTACT US TODAY