The summer holiday break is for many an opportune time to get away, relax and enjoy some time with your children.
Taking an overseas break with children can be a logistical nightmare at the best of times. But an overseas holiday can become particularly tricky when parenting orders are involved. When one parent wishes to take their child or children overseas, naturally the other parent will be concerned. Generally most concerns are twofold, firstly for the safety of the children, and secondly for the return of the children to Australia.
Ideally these concerns will be settled amicably in private mediations or negotiations, but ultimately if a parent refuses to agree to the trip, the other parent may apply for orders from the court.
The court will consider whether the trip is in the child’s best interest. It will consider the safety of the child, the destination/s involved in the holiday, and any risks of the child not returning to Australia.
The Australian Passports Act requires that for a child to be issued a passport the Department of Foreign Affairs and Trade must have the written consent of all persons who have parental responsibility over the child. Should one parent refuse to provide the consent, the only other available option is to seek an order from the court.
If you are concerned about your child being taken overseas without your knowledge, and you have an existing parenting order that deals with the living arrangements of the child, you may apply for a PACE alert with the Australian Federal Police. This alert will register the child’s passport and prevent it from being used at any international departure point in Australia.
Need More Information?
If you require advice in regards to enforcing a parenting order, or how going overseas will affect an existing order, contact Best Wilson Buckley Family Law on (07) 4639 0000.