There are strict laws about taking children overseas. If you want to take your children overseas, you should try and reach an agreement with the other parent. A family dispute resolution service may be able to help.
If you are unable to agree you will have to apply to the Federal Circuit and Family Court for permission to take them overseas.
The Court may allow them to travel if it believes it is in their best interests. It will consider the risk of the children not returning to Australia, and it may impose conditions, such as paying a security, to make sure they come back.
If there is a parenting order in place, or an application for a parenting order before a Court, it is an offence to move the children away from Australia without the written agreement of everyone covered by the current order, or any further court orders.
You may go to jail for this offence.
There are rules about what kind of written agreements the court will accept.
Advocate Family Lawyers will provide you with legal advice in this regard.
Australia has agreements with other countries to prevent people removing children from the country where they usually live.
If you take them overseas without the other parent’s consent, you could be ordered to return them under one of these agreements.
