Taking your child or children overseas on a much anticipated holiday post-separation or divorce should be exciting. But what happens if the other parent doesn’t consent?
To obtain an Australian passport, each person who has parental responsibility for the child is required to provide written consent before a child’s passport can be renewed or issued. If there is no consent for the child to travel or be issued with an Australian passport, you will need to apply to the Federal Circuit and Family Court of Australia for approval.
Where there is a current order that permits the child to be issued with a passport and/or travel internationally, and the other parent is in breach of their obligation, you can seek assistance from the court to enforce the obligation or have the requirement for the signature to be dispensed.
Seeking an order from the court is a protracted, expensive exercise and a last resort if matters cannot be resolved through dispute-resolution processes.
If you have separated and intend on travelling internationally with your children, providing the other parent as much notice of your travel is key as it will allow you to address any concerns they may have and to consider your options, should they say no.
Olivia Le
Lawyer, Catton & Tondelstrand Lawyers
Kon-Tiki Business Centre
Tower 1, Level 3, Suite 315
55 Plaza Parade, Maroochydore
5609 4933
ctlawyers.com.au
