Whilst any divorce potentially requires divorce lawyers to become involved, when the couple also has children it can make the whole process more complex, especially if there is no agreement between the parents about the children’s future. Divorcing couples often have several misconceptions about how children are treated under family law when parents divorce.
This will apply to matters such as who the child lives with, the visitation rights of the other parent, and financial support. Even after the divorce has been finalised, divorced parents will still have several questions for their divorce lawyers about what they can and cannot do concerning their children.
One area of confusion that crops up often is taking children on holiday, especially if that means taking them abroad. Many a parent has had to return to court and answer for their actions before a judge, having breached their divorce agreement or family law.
If only the divorced parent had asked their divorce lawyers before taking the action they did, they would have discovered what the law was concerning travelling with their children. In fact, there are several common travel questions relating to children they could have asked, such as the seven outlined below.
Do I Need My Ex-Partner’s Permission To Take Our Children Overseas?
You normally must have written consent from the children’s other parent before you can take them overseas. It is a crime to leave the country with your children if you do not have that consent or a court order that authorises such travel.
Are There Likely To Be Problems With My Children Having A Different Surname To Mine?
There might be issues with immigration authorities when you arrive in another country as they seek to prevent child trafficking. To avoid issues, talk to a migration agent about taking your child’s birth certificate and any Family Court orders concerning your divorce and the children.
Do I Need A Court Order To Travel Overseas With My Children?
In some circumstances, such as when the other parent cannot be located, you can apply to the Family Court for a parenting order that authorises you to take your children overseas without the other parent’s permission.
Can I Stop My Ex-Spouse From Taking Our Children Abroad?
You can, but should only do so if you have reasonable suspicion that they do not plan to return, for example. Refusing just out of spite is not in your children’s interests and regardless, your ex could obtain a Family Court order allowing them to travel anyway.
Can I Get A Passport For My Child?
It usually requires both parents to sign the application, so you could not obtain the passport independently of the other parent unless there was a Family Court order allowing you to.
Do I Need Permission To Travel With My Children To Another Australian State?
Unless there is a Family Court order preventing travel to other states, which is rare, there are usually no restrictions on a divorced parent travelling with their children throughout Australia.
How Do I Recover My Child If They Have Been Taken Overseas And My Ex Is Refusing To Return To Australia?
This will very much depend on whether the country they have gone to is a signatory to the Hague Convention which has rules relating to the unlawful removal of a child. First, seek legal advice which will lead to documentation that legally requires overseas authorities to recover the child and return them to Australia.
