It is an offence to take your child or children out of Australia if you have parenting proceedings before the Court unless you have the written consent of the other party or parties involved in the Court proceedings. As the unauthorised removal of a child from Australia is a criminal offence, it carries criminal penalties including imprisonment.
Reaching an Agreement Before Traveling
If you wish to take your children overseas, whether it is for a holiday or to live, you should try to reach an agreement with the other parent and/or parties involved in the proceedings.
Applying to the Court for Permission
If you cannot reach an agreement and you still wish to travel overseas, you should apply to the Federal Circuit and Family Court of Australia for permission prior to taking the children overseas.
Information Required in Your Application
There are many factors that the Court will consider when determining whether a child is allowed to travel overseas. When filing this application with the Court, you will need to provide a supporting affidavit setting out the relevant facts and reasons to support the orders that you want the Court to make including but not limited to:
- the details and purpose of the proposed travel, including a copy of the itinerary (if you have one);
- the immigration status of the people wishing to travel;
- what links the people travelling have to Australia;
- whether the country being visited is a member of the Hague Convention or if any travel warnings have been issued;
- whether you are willing to provide an undertaking to the Court to pay any damages which the Court may decide another party has suffered as a result of the order requested; and
- any other factors relevant to the case.
The Court’s Decision: Best Interests of the Child
In considering overseas travel applications, the Court will only permit a child to travel internationally if it determines it is in the best interests of the child.
Conditions Imposed by the Court
The Court may also impose certain conditions on the travel to make sure that you will return to Australia with the children. For example the Court may require you to pay a security to the Court or a solicitor’s trust account which is released upon your return to the country.
Need Legal Advice?
If you are considering travelling overseas with your child or you are concerned that the other parent may take your child overseas without your consent, please contact our office on: (07) 3288 3511 or info@springfieldlegals.com.au for advice.
