Traveling Abroad with Kids: Divorced Parent’s Guide

Navigating the complexities of family law can be challenging, especially when it involves taking your child abroad.

Understanding the legal requirements is important whether you’re planning a holiday or considering a more permanent move.

Ways to Get Permission to Take a Child Abroad

Court Orders

If you plan to take your child overseas in Australia, you may need a Family Law Order.

This is particularly important if you’re separated or divorced and cannot obtain the consent of the other parent. Failure to comply can result in criminal charges and up to 3 years in prison.

Suppose your child has a different surname from you. In that case, it’s advisable to carry certified copies of documents like birth certificates and Family Law Parenting Orders to avoid suspicion from Immigration officials.

🔑 Key Takeaway: Always check if you need a Family Law Order before making travel plans. Always carry the necessary documents to avoid hiccups during travel.

Parental Consent

One of the most critical aspects of taking your child abroad is obtaining parental consent from the other parent.

This isn’t just a formality; it’s a legal requirement that can have serious consequences if ignored.

In Australia, the Family Law Act stipulates that both parents generally have equal shared parental responsibility.

This means that major long-term decisions, like taking a child overseas, require the consent of both parents.

When is Consent Required

Consent is often mandatory, especially if a Family Court parenting Order is in place.

These orders often specify the conditions under which a child can be taken abroad, and they usually require the explicit, written consent of the other parent.

Even if there’s no formal court order, getting written consent is still advisable to avoid potential legal issues.

In some cases, like medical emergencies, there may be exceptions to the consent rule.

However, these are rare and should be discussed with a legal advisor to ensure you’re not inadvertently breaking the law.

This is especially true if there’s a Family Court parenting Order in place.

Failure to obtain this consent could result in severe legal repercussions, including imprisonment. Always consult a legal advisor for your specific circumstances.

🔑 Key Takeaway: Obtaining written, authenticated consent from the other parent is not just a formality; it’s a legal necessity.

How to Obtain Consent 

The consent should be in writing and clearly outline the trip’s details, including the destination, duration, and purpose.

It’s also good to authenticate this document to prove its legitimacy.

Some families opt to have these consents notarised or witnessed by a third party for added legal weight.

Also read: International Child Custody Agreements

Parent Taking Child Without Permission

If the other parent refuses to consent, taking the child abroad could be considered parental abduction, a criminal offence punishable by up to three years in prison.

In such cases, you may need to seek a court order to override the lack of consent, but this is generally a lengthy and complicated process.

How to Stop Children Leaving Australia

Child Alert Requests

Child Alert Requests play a pivotal role in safeguarding the rights of parents and guardians when preventing unauthorised international travel of a child from Australia.

When faced with a situation where a child’s departure is a cause for concern, it’s important to understand the gravity of this tool.

These requests serve as a direct line of communication between concerned parties and border authorities.

By submitting a Child Alert Request, parents and guardians can inform border officials about the situation, providing crucial information that helps them identify and prevent the child from leaving the country without the necessary consent.

Key Takeaway: Using Child Alert Requests is an effective and official way to prevent unauthorised child travel. It empowers parents and guardians to take proactive steps within the legal framework, ensuring the safety and well-being of the child by engaging the authorities in the child’s protection.

Family Court’s Role 

The Family Court of Australia plays a significant role in preventing child abduction cases.

They can issue orders that specifically prohibit a child from leaving the country, ensuring their safety and well-being.

Key Takeaway: The Family Court can issue orders to prevent a child from leaving Australia.

Also read: International Child Support Agreement

What Happens If One Parent Takes a Child Out of Country?

Parental Abduction Crime

Parental abduction refers to the act of one parent taking, detaining, or concealing a child or children from the other parent without consent. In Australia, this is considered a crime that could lead to imprisonment.

🔑 Key Takeaway: Parental abduction is a serious offence. Always seek the other parent’s consent before travelling overseas with your child.

The Hague Convention Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to address issues of child abduction across borders.

If a child is taken overseas without consent, the Convention can assist in their return, provided the country involved is a signatory.

The treaty establishes legal procedures for the prompt return of abducted children to their habitual residence, ensuring that custody disputes are resolved in the appropriate jurisdiction.

🔑 Key Takeaway: The Hague Convention provides a legal framework for the return of abducted children to their home country, ensuring custody issues are handled by the proper authorities.

How We Can Help

We recently had a case where a distressed mother approached us for legal assistance.

Her ex-husband had taken their daughter overseas without her consent, and she was apprehensive about her child’s safety and well-being.

After an initial consultation, we immediately advised her to file for a court order, citing the Australian Family Law Act’s provisions against parental abduction.

We assisted her in gathering all necessary documentation, including evidence of her ex-husband’s intent and her daughter’s Australian residency.

Our legal team expedited the court process and successfully secured an urgent hearing.

We also guided her through the process of adding her daughter’s name to the Family Law Watchlist, managed by the Australian Federal Police, to prevent any further unauthorised travel.

Furthermore, we initiated proceedings under the Hague Convention, as the country her ex-husband had taken their daughter to was a signatory.

Within weeks, the court ruled in favour of our client, and her daughter was safely returned to Australia.

It’s Important to Seek Legal Advice

The issue of “what happens if one parent takes a child out of the country” is complex and fraught with legal intricacies.

Understanding your parental rights and responsibilities can go a long way in preventing unauthorised overseas travel and the potential heartache it can cause.

If you’re planning to travel overseas with your child or are concerned about your ex-partner doing so, it’s necessary to seek legal advice for international family law.

Legal experts can guide you through the complexities of family law and international treaties.