Children travelling overseas…what you need to know!!
Children and overseas travel can cause many parents a great deal of stress, doubly so where the parents are separated or divorced. It may be that you would like to take your child on an overseas holiday or that you have concerns the other parent intends on removing your child from the country and not return.
If there is no Application before any Court regarding your child then you do not require the permission of the other parent to take the child overseas. However, if there is an Application before a Court regarding your child then you are required to obtain the written consent of the other parent before taking the child overseas.
You should have a proposed itinerary prepared regarding your travel arrangements. The itinerary should include the following (this is not an exhaustive list):
- the dates you propose to leave and return;
- where you intend on travelling;
- where the child will be staying while overseas; and
- proposals of how the child can communicate with the other parent while they are away.
It would be a good idea to provide the proposed itinerary to the other parent, in writing, at the outset.
The first step is to obtain a passport for the child, if they do not already have one. In order for the Department of Foreign Affairs and Trade to issue your child with a passport, both parents are required to sign the Application form.
Difficulties can arise at this point because the other parent will not sign the Application form. In the event the other parent refuses to sign the form you will need to make an Application in the Local Court, Federal Circuit Court or the Family Court of Australia seeking an Order that the passport be issued.
If the other parent is refusing to sign the passport, it is likely that they do not agree to the child travelling overseas, so it would be wise to also apply for Orders for you to take the child overseas.
If you have concerns that the other parent intends to remove the child from the country and not return, there are a several actions you can take to ensure that this does not occur.
In the event the child does not have a passport, you can contact the Department of Foreign Affairs and submit a Child Alert Request, the Department will then contact you in the event they receive an Application for the child to be issued with a passport.
If you are informed that the other parent has made an Application for the child to be issued with a passport, you can make an urgent Application to the Court seeking an Order for the child to be placed on the Family Law Watch List with the Australian Federal Police. The effect of this is that if the other parent tries to remove the child from the country the Federal Police will be alerted and will intervene, preventing the child from leaving.
You should be aware that the child will remain on the Watch List until there is an Order from the Court removing the child and it is registered with the Federal Police.
In the event your child has been removed from the country without your consent and you are concerned that they will not be returned then you should immediately contact the central authority in your State, you can obtain this information from the Attorney-General’s Department