Can I Travel Overseas with My Child After Separation?

When a relationship ends, parenting arrangements become one of the most sensitive and contentious issues, especially when one parent wishes to travel overseas with the child. Whether it’s for a holiday, a family visit, or a permanent relocation, strict legal requirements exist to ensure that international travel is in the best interests of the child and does not disrupt their relationship with both parents. Missteps in this process can have serious legal and emotional consequences, making it critica…

Consent for Overseas Travel

If you are planning to travel overseas with your child, you must obtain written consent from the other parent or any person with parental responsibility. This is not just a courtesy but a legal necessity.

What Happens If the Other Parent Refuses Consent?

If the other parent refuses, you will need to apply to the Federal Circuit and Family Court of Australia for permission. The court will assess various factors, including:

• The duration and purpose of the travel
• The child’s ties to Australia
• The impact of the trip on the child’s relationship with the non-travelling parent
• The destination country’s legal framework regarding child abduction

Example Case: Quigley & Yates [2024] FedCFamC1F 723

The court approved a father’s request to travel with his child, citing strong Australian ties and the destination’s Hague Convention status.

Preventing Unauthorised Overseas Travel

If you suspect that the other parent may take the child overseas without your consent, legal steps are available:

Legal Protections Available:

• Court Order Preventing Passport Issuance
• Request for Passport Surrender
• Airport Watch List Order

Example Case: Nemcova & McLeod [2024] FedCFamC1F 752

The court permitted relocation to the UK, considering the mother’s support network and mental health despite the father’s objection.

What If a Child Has Already Been Taken Overseas Without Consent?

Hague Convention on International Child Abduction

The Hague Convention provides a framework for returning wrongfully taken children to Australia.

Example Case: Director-General, Community Services Directorate & Moroz [2024] FedCFamC1F 642

The court denied return of children to Australia due to family violence and risks under Turkish law.

Obtaining a Child’s Passport Without the Other Parent’s Consent

What to Do If Consent Is Refused?

• Apply to the Department of Foreign Affairs and Trade for special circumstances.
• Seek a court order compelling passport issuance.

Relocation: Moving Overseas with a Child After Separation

If you wish to relocate permanently, you must obtain consent or a court order.

Key Factors Courts Consider:

• Connections to family in Australia and overseas
• Emotional and psychological wellbeing
• Communication access with the other parent
• Education, language, and finances

Example Case: Henderson & Kane [2024] FedCFamC1F 788

The court denied relocation to France due to strong ties in Australia and sufficient opportunities locally.

Final Thoughts: Navigating International Child Travel & Relocation

The legal landscape is complex and fact-dependent. At Jameson Law, we help clients apply for travel orders, prevent wrongful removal, and seek international returns. Contact us early to protect your rights and your child’s best interests.