Navigating international travel after separation can feel complex and requires planning and preparation. Ensure you understand your rights, responsibilities, and safety risks before you depart.
On this page you will find an overview of the information in our ‘Travelling Overseas With Your Child’ resource. To read the full resource, click on the ‘Download Full Resource’ button below.
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
Essential steps to consider before planning overseas travel.
Important Considerations
Where it is unsafe to contact the other parent due to family violence and you wish to travel, there are steps you can take, particularly where there is a Family Violence Intervention Order (IVO) in place.
If the IVO allows for communication through a mediator, you may be able to try Family Dispute Resolution. A mediator is trained to help people discuss and resolve their family law issues.
You may need to consider going to the Federal Circuit and Family Court of Australia. We strongly recommend that you speak with a family lawyer before going to court.
Your child will need a passport to travel. This could be an Australian passport, or a passport issued by another country if your child is a dual citizen.
If your child is eligible for a dual passport, check with the embassy of that country to find out what the rules are for that passport. Be aware that some countries will issue a passport without the consent of the both parents.
If your child is on the Airport Watchlist, they will be prevented from leaving Australia. See our resource ‘I’m Worried The Other Parent Will Take My Child Overseas’ for more information.
If you take a child overseas without the written consent of the other parent or a court order, you may be committing an offence.
It is important that you obtain legal advice before travelling overseas, particularly where there are court orders or there is family violence. Removing a child from Australia without the consent of the other parent can be a serious offence.
It is important to check whether there are any restrictions on your ability to leave or return to Australia if you are a temporary visa holder. Some visas may limit your ability to re-enter Australia. Speak with a migration agent or lawyer to understand any conditions.
Always seek immigration advice before leaving the country if your visa status is uncertain.
Understanding potential risks involved when travelling with your child after separation is critical, particularly in situations of family violence.
Abusive partners may use children to manipulate or control the other parent. This can include making threats related to custody or deliberately making travel plans difficult. Have a safety plan and seek support from family violence services.
Financial dependence may lead to difficulties in arranging the travel due to limited access to money.
Family disputes and separation can have significant emotional effects on children. Consider your child’s well-being in your plans.
Refusing to sign passport applications, threatening to take children overseas, or holding travel documents hostage can be forms of coercive control. These are tactics used to intimidate, isolate, and control you.
If the other parent has applied for a Child Alert through the Australian Passport Office, this may prevent you applying for an Australian Passport without their consent.
For more information about child alerts see our resource ‘I’m Worried the Other Parent Will Take My Child Overseas”
If your child is put on the Airport watchlist, they will not be allowed to leave Australia, regardless of whether they have a valid passport. If this is the case, we recommend seeking legal advice.
For more information on the Airport Watchlist see our resource ‘I’m Worried the Other Parent Will Take My Child Overseas”.
Mona wanted to take her 4-year-old daughter to visit her sick mother in Lebanon. She had left her husband and obtained a family violence intervention order against him and did not feel safe to speak with him about travel plans.
Mona contacted legal help and was able to make an appointment to obtain legal advice. She decided that mediation was the best option.
The mediator helped Mona negotiate with the other parent to come to an agreement about her travel arrangements.
We have created a series of four resources focused on travel with children after separation where there is family violence.
To read the complete travel resources booklet click the ‘Download Complete Travel Resources Booklet’ button below.
This booklet contains all four travel resources:
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
Legal Disclaimer: The material on this page is a general guide only, not legal advice. Please seek legal advice about your specific situation.
You are not alone. Please contact the below services for additional support.
Free legal information and advice to Victorians.
Victoria’s 24/7 family violence response centre for crisis support.
National sexual assault, domestic family violence counselling service.
Need an interpreter? Call TIS and ask to be connected to any of these services.
