All divorce lawyers will tell you that divorces become a lot more complicated when the divorcing couple has one or more children. When the parents of children divorce there are matters such as who the children will live with, what the visitation rights are for the absent parent, and what level of financial support the absent parent will provide.
In many instances, these are agreed upon through negotiation and the children benefit from their divorced parents having a convivial relationship where matters related to the children are discussed and agreed upon amicably rather than turning into a battle of wits and legal arguments in the Family Court.
A matter that often confuses is the children travelling. Whether it be to another state within Australia or another country, there are requirements that both parents must comply with. This is an area of divorce law that many divorcing parents have little knowledge of, and this can lead them to take action, which is at best unhelpful, and at its worst, unlawful. This is why divorce lawyers should always be consulted before divorced parents make any travel plans for children.
Whilst the laws relating to divorced parents travelling with their children are considerable, at their core, there are a few simple truths that divorced parents should be aware of. If they were aware of them, they might better understand what their obligations are when travelling with their child and therefore spare themselves the anguish of taking the wrong action. Here are five of those truths relating to children of divorced parents travelling.
Consent May Not Be Required
It often shocks parents who have separated when they are advised that until any court order is live, they each can take children overseas without the other’s consent. Provided the children have passports, either parent can travel overseas with them and the consent of the other parent is not required.
When Written Consent Is Required
Once divorce proceedings commence one of the first matters dealt with will be parenting orders. This will be for where the children predominantly live, but on the matter of travelling will almost certainly state that consent is required from the other parent or failing that, a court order for any of the children to be allowed to travel overseas.
You Can Take Action To Prevent Children Traveling Overseas
If a parent believes that their ex-spouse is planning to take the children overseas without consent or in breach of a court order, they should first seek advice from a family or divorce lawyer. That advice should include applying to place the children on an airport watch list. This will alert the federal police and passport authorities at airports who will be checking all children, especially those with a lone adult.
Withholding Consent Must Be For Genuine Reason, Not Spurious Ones
Whilst it is perfectly acceptable to withhold content for genuine reasons, parents should not withhold consent merely to spite the other parent. Without genuine reasons to withhold consent, a court will almost certainly grant the other parent permission to travel with their children via a court order.
Court Orders Will Specify Requirements For Travel
When a court order relating to children travelling with a divorced parent is created, it will state what steps must be taken when it occurs. This will include the need for the travelling parent to confirm travel dates, the destination, and details of where they will be staying when overseas, for example.
