Taking your child/ren overseas on a much-anticipated holiday post-separation or divorce should be exciting, but what happens if the other parent does not 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, such as co-signing a passport renewal or application, you can seek assistance from the court to enforce their obligation.
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 is key as it will allow you to address any concerns and 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
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