More of our clients are in international relationships than ever before. A common situation is that one parent came to Australia for the relationship, the relationship ends, and that parent moves back overseas. The children usually stay here, and the questions start: does child support continue, what happens to Centrelink payments, and what are the rules about the children travelling?
Key takeaway: Moving overseas does not end a parent’s child support obligations, and taking a child overseas without the right consent can be a criminal offence.
Does child support continue if a parent moves overseas?
Yes. A parent’s obligation to pay child support does not end because they leave Australia. If the paying parent moves overseas, they still need to keep making payments, and Services Australia should be told about the move.
Australia has child support arrangements with many other countries, which allow assessments to be collected or enforced overseas. Where the other country does not have an arrangement with Australia, collecting child support can be much harder. A parent who owes child support can also be stopped from leaving Australia until the debt is dealt with.
If you are the parent moving overseas, get advice before you go about how your child support will be assessed and paid. If you are the parent staying here, make sure Services Australia has the other parent’s new details. See our guide to international child support agreements.
What happens to Parenting Payment if you travel overseas?
Parenting Payment and other Centrelink payments have their own rules for overseas travel. Generally, if you go overseas temporarily, Parenting Payment can continue for a limited period, usually up to 6 weeks. If you move overseas permanently, it usually stops. Family Tax Benefit has similar limits. These rules change from time to time, so check your situation with Services Australia before you leave.
Key takeaway: Tell Services Australia before you travel. Payments made while you were not entitled to them can become a debt you have to repay.
Need advice on your situation? Our family lawyers can help with your child support matter. Book a consultation to talk it through.
Before you take a child overseas
Before taking a child overseas, both parents need to understand their obligations. This is where we see parents get into the most trouble.
If parenting orders are in place, or family law proceedings are underway, taking a child out of Australia without the other parent’s written consent or a court order can be a criminal offence. Penalties include imprisonment. In some situations, parents can end up in jail for breaching court orders or taking a child overseas while proceedings are ongoing. The courts take this very seriously.
- Get the other parent’s written consent before booking travel
- Check whether any parenting orders restrict overseas travel
- If the other parent will not agree, apply to the court for permission
- Both parents usually need to consent to a child’s Australian passport
If you are worried the other parent will take your child overseas without your consent, you can apply to have the child placed on the Family Law Watchlist, which alerts the Australian Federal Police at airports. Read more in our guide to taking a child overseas with permission.
Moving overseas with a child
Moving overseas permanently with a child is very different from a holiday. Without the other parent’s agreement, you will need a court order allowing the relocation, and the court will decide based on the child’s best interests. Relocation cases are complex, and we cover them in our guides to how far you can move with a child and moving out of Victoria.
Getting advice
Whether you are the parent leaving, the parent staying, or planning to travel with your children, get advice before you act. A short conversation now can save you from a child support debt, a cancelled trip, or a criminal charge.
