Are you planning to travel overseas with your child? Make sure that you have a parenting order that specifically allows you to do just that. Otherwise, you could be penalized if you fail to present a parenting order or authorizing documentation stating that you’re legally allowed to leave Australia with your child. Surprisingly, however, many separated or divorced parents don’t know that they require formal written consent from their child’s other parent when travelling overseas.
How a court parenting order works for overseas travel
Plenty of parents love travelling with their kids, but many don’t realize that there might be legal restrictions that could ruin their plans. If there’s a parenting order in effect that specifies your right to overseas travel with your child, you must take a certified, true copy of it and present it to immigration officials in the airport, explains a top family law attorney in Townsville. Otherwise, you would have to present written permission, witnessed by a justice of the peace or a lawyer to immigration officials.
Generally speaking, if there’s a court parenting order in effect, the parent taking the kid overseas would need the other parent’s permission. Without the explicit permission of the other parent, you’d be in violation of the Family Law Act, which means that you could spend up to three years in prison. If there’s no parenting order in effect, but a parent has already filed for a parenting order, the same rule applies.
What about interstate travels?
No law prohibits a parent from travelling interstate with his or her child unless there’s a court order that particularly prohibits interstate travels. Likewise, if the order doesn’t require that you give the other parent details of where you’re travelling to and staying, you don’t have to. But it’s common decency, and better for everyone involved, to tell the other parent of your travel plans so that he or she would be duly informed and won’t worry.
If you’re planning on travelling overseas and don’t completely understand what laws apply to you, seek help from an experienced family law attorney to avoid getting in trouble with the law.