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 does not give their consent?
To obtain an Australian passport, each person who has parental responsibility for the child is required to provide written consent before their 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 or have the requirement for their signature to be dispensed.
Seeking an Order from the Court is a protracted, expensive exercise: a last resort if matters cannot be resolved with 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 if 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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