After separation, it is common for a parent to want to travel overseas with their children. However, if conversations and travel plans are not navigated carefully, issues may arise. Concerns about obtaining consent from the other parent and the possibility of not returning the children to Australia can complicate matters. Whether it be in relation to obtaining a passport or the travel plans themselves, it is critical to establish clear parameters regarding necessary information to be communicated to the non-travelling parent.

Key Considerations

In Australia, both parents must consent to children obtaining a passport and similarly, where the children already have a valid passport issued, both parents must also consent to the children leaving Australia.

Parenting Agreements

Typically, specific parameters will be included within parenting agreements with respect to the parents’ ability to travel with the children overseas. This typically includes the following information that the travelling parent must provide to the non-travelling parent prior to departure:

• Travel details: This includes all flight details, ensuring a returning flight, and a detailed itinerary, including contact details of all places of residence throughout the trip.
• Travel benefits: A reasonable explanation regarding why travel is beneficial to the child beyond just being a holiday.
• Intent to return: A clear demonstration of the intention to return to Australia with the children MUST be demonstrated.

Tips for Approaching the Topic

When approaching the topic of travel with a co-parent, we recommend:

• Approaching the topic as a proposal rather than a declaration or statement
• Considering a shorter period of travel rather than an extended period
• Making it very clear of your intention to return to Australia by presenting return flight details
• Ensuring that the travel occurs during school holiday periods where possible

If Consent Cannot Be Obtained

If an agreement cannot be reached with the non-traveling parent, the travelling parent can make an application to the court seeking an order to permit the children to leave Australia.

If this is the case, the court’s core concern for the child’s best interests remains unchanged, and the travelling parent should also provide the Court with the following information about the travel and efforts to gain consent:

• The details and purpose of the proposed travel, including a copy of the itinerary (if you have one)
• What links the people travelling have to Australia
• Whether the country being visited is a member of the Hague Convention or if any travel warnings have been issued
• Reasons for travelling overseas that extend beyond just a holiday, including the benefits to the child;
• Evidence and examples of attempts to resolve discussions regarding travel with the non-travelling parent;
• Whether you are willing and able to provide security in the form of a monetary sum
• Any other factors relevant to the case

The courts will not make an order to allow travel without the consent of both parents unless they are satisfied that the children will be returned to Australia, so demonstration of intent to return is of critical importance to the application.