Travelling overseas with children post-separation
For parents, the thought of their children travelling overseas with the other parent post-separation, can be stressful and trigger anxiety. However, children’s lives should not be affected by the separation of their parents – they should still have the same opportunities they would have had, had their parents remained together. This is, of course, subject to the safety of the children.
If you want to travel overseas with your child or children post-separation, there are two main ways that you can achieve this:
- By consent of the other parent; or
- Pursuant to a Court order.
It is important to be aware that, once parenting proceedings are issued in Australia, or certain parenting orders are made by an Australian Court, it becomes an offence under the Family Law Act 1975 to send, take or retain a child outside Australia without the other parent’s permission. There are limited exceptions, but a person who commits this offence could face criminal penalties of up to 3 years’ imprisonment.
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Back to NewsAfter separation travelling overseas with the children has different rules.
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