As a leading Family Lawyers Sydney firm, we understand that one aspect of being a single parent that is often overlooked is what the law says about travelling overseas with your child. Even when having custody of your child, there is a legal process to be followed before you can leave the country with them. This is especially the case when there are family law proceedings currently before the Courts. No parent wants to plan an exciting holiday only to be stopped at the airport because of an Airport Watchlist order.
What Is Required When A Single Parent Wishes To Travel Overseas With Their Child?
You Require Written Consent
While arranging all the usual documents before travelling (such as visas, passports, flights and accommodation) you will also need to obtain written consent from the non-travelling parent. If you are unable to get written consent from the other parent, you could also obtain an order of the court which will allow you and your child to travel. The order of the court may decide that the other parent’s consent isn’t required.
Obtaining an Order of the Court or Written Consent is the Law
Although it might seem arbitrary, receiving an order of the court or written consent from the other parent is the law. Travelling overseas without either is a punishable offence of up to 3 years imprisonment. It is recommended you seek legal advice to ensure that you can travel with your child without a hitch.
Platinum Lawyers Can Help You Negotiate with Your Former Spouse or the Court
We are highly experienced Family Lawyers Sydney who can guide you through the legal process of travelling overseas with your child. We will help you negotiate the arrangements with your former spouse and do our best to keep the matter outside of the courtroom, allowing you to keep things peaceful. To prevent any unexpected issues, we recommend that your travel is transparent and properly communicated to your former partner.
Applying to the Court to Obtain Permission
Whether you are applying to have the court permit your child to travel overseas, or you are applying to prevent the child from travelling, your application must be filed through the Federal Circuit Court.
Contact Platinum Lawyers Sydney today at (02) 8084 2764
