Can I Travel Overseas With My Children While Divorce is Pending?

There is no strict rule that forbids foreign travel while a divorce is pending. Common sense dictates that if you travelled to New Zealand every Christmas with your children, it would make sense to want to continue this tradition. On the other hand, if you have never travelled abroad with your children, and are now planning to take them on a cross-country tour of the United States with your new significant other, you might not only anger your soon to be ex but also be treading on thin ice legally.

Consent Orders May be the Best Way to Go 

Of course, almost anything is possible as long as you and you and your ex-partner can agree, and put that agreement in writing. Even better, you can file Consent Orders to the Court for approval, which will detail when each parent has the children, for how long and where. Working with an experienced Australian Family Lawyer will ensure that your Orders are valid and meet the court's requirements.

What To Do If Your Ex-Partner Objects 

Some parents have irrational concerns about foreign travel, fearing terrorism, abduction, health hazards and political unrest. Some countries require the consent of both parents for a visa, and, in Australia, the consent of both parents is required to obtain a passport. When a parent refuses to sign off on a passport or visa, an application can be filed with the Federal Circuit Court of Australia seeking an Order requiring the refusing parent to sign off on the passport. The Court will not entertain irrational fears, but a provision that travel may not be to places where the Australian government has issued a safety advisory is common. The Court will generally grant these orders unless there is overwhelming evidence that the parent requesting the Order is planning to remove the children from Australia and never return.

If you would like more information about travelling overseas with your children after separation, or any other family law matters relating to your separation, we invite you to contact Grace Family + Collaborative Law to book an initial consultation with an experienced family lawyer.