27 Feb Separated Parents and Overseas Travel: 5 Key Legal Considerations
5 things to know if you are separated or divorced and want to travel overseas with your child/ren
At Russell Kennedy, our Family Law lawyers understand that divorce and separation can be an emotional time particularly if there are children involved. A common concern for our clients is whether separated parents can travel with their child/ren overseas.
Here are 5 things to keep in mind if you are separated or divorced and want to travel overseas with your child/ren.
- If there are no current parenting proceedings in court, or parenting orders specifically dealing with overseas travel; provided the children have passports, either parent can take the children overseas without the other parent’s consent. This may be problematic if there is a risk that the travelling parent may not return the children to Australia, or if comprehensive details about the travel arrangements are not provided in advance to the non-travelling parent.
- If parenting proceedings have already commenced in court or there are existing parenting orders restricting such travel, neither parent can take the children overseas without either the written consent of the other parent or without a court order allowing such travel.
- It is important when considering making parenting orders to either include or exclude orders that allow for international travel, provisions for the signing and renewing of passports, providing detailed itineraries of proposed travel and copies of all travel documents and other relevant information in advance.
- If you are concerned that the other parent will take the children overseas without your knowledge and/or consent, it is important that you obtain legal advice quickly and consider whether you want to make an application to place the children on the Airport Watch List.
- Placing children on the Airport Watch List means the children are not able to travel outside of Australia while they remain on the Airport Watch List.
Our dedicated, expert Family Law team provide advice and representation to clients across Australia with offices in Sydney and Melbourne. We have Accredited Specialists in Sydney and Melbourne who are ready to assist with any enquiry you may have about international travel or any other family law issue, please contact the Family Law team 
