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Can I Take My Child Overseas Without Telling My Partner?
Traveling with a child overseas is usually a decision for both parents to make, if they share parental responsibility for the child or if there are Court Orders in place.
Both parents are typically required to sign Passport Applications for their children. Parents should attempt to reach an agreement amicably about such travel decisions and consider attending family dispute resolution in the event that a disagreement arises.
Studies have shown that international travel and exposure to different cultures, people, and cuisine can make for an excellent learning experience for children. It is therefore understandable why many parents wish to share this experience with their children.
It is recommended that parents consider the following matters when deciding whether or not to consent to their child traveling overseas with the other parent:
- If there is an Australian Government travel alert in place with the Department of Foreign Affairs and Trade;
- If the other parent should provide a copy of the return airline tickets for the child;
- If the other parent should provide a full and detailed itinerary of where the child will be staying at all times whilst overseas and how the child can be contacted; and
- If the other parent has obtained the necessary travel insurance for the child.
Perhaps the most important consideration for international travel is the proposed destination and whether it is a signatory to the International Hague Convention on the Civil Aspects of International Child Abduction.
This Convention is the primary international agreement between various countries that relates to child abduction abroad. The Convention provides an international process whereby a parent can seek to have their child returned to their home country in circumstances where the other parent is unwilling to return and is withholding the child in the foreign country.
Australia is a signatory to the Convention and offers such protection. Many parenting Orders will therefore only allow parents to travel internationally to destinations where the countries are signatories.
More often than not parents are usually on the same page about international travel for their children. However, difficulties can arise when one parent wishes to travel internationally and the other parent is not willing to provide their consent.
In these circumstances, an Application to the Federal Circuit and Family Court of Australia will need to be made. This is after some form of family dispute resolution has been attended and the required Section 60i Certificate has been obtained, unless there is a relevant exemption which applies such as circumstances of urgency (i.e. if the proposed travel is to occur within a very short period of time). After commencing such Court proceedings, you can make an application for your children’s name to be placed on the Airport Watch List which is monitored by the Australian Federal Police. This means that the children will be unable to board any aircraft and be removed from the jurisdiction of Australia.
If you are considering traveling overseas with your children and the other parent has objected to the same, contact the Brisbane family lawyer team at James Noble Law today for a free 20-minute consultation to discuss your rights, options, and legal avenues available to you. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.