Traveling Overseas With My Children

When planning international travel, it’s important to consider whether your child has a passport and who is holding it, because resolving passport issues can take time. If the other parent refuses to sign the application, you can still apply for your child’s passport however you will need to submit a B9 form from the Australian Passport Office to explain your situation.

You’ll also need to provide evidence to support a Claim of Special Circumstances, for example, proof of family violence e.g. a police report or an Intervention Order

If you plan to travel overseas with your child, you must tell the other parent, who must agree with your plans in writing, even if there are no court orders. If there are orders, you must follow them and get written permission from the other parent. The other parent must have knowledge and give consent to the travel. 

Remember, taking a child out of Australia or keeping them overseas without consent from the other parent is a crime. If both parents agree to the travel, and if it’s safe to do so, it’s important to share your travel plans to avoid confusion. 

If the other parent does not agree, you can try mediation or go to court, but this may affect future parenting arrangements. It is important that you speak with a lawyer before considering going to court. 

Understanding the potential risks involved in travelling with your child after separation is crucial. Here are some important considerations:

• Leveraging children: In situations of family violence, an abusive partner may manipulate or use children to control the other parent. This can include making threats related to custody, deliberately making travel plans difficult, or using access to the children to maintain power. If you are in this situation, it’s important to have a safety plan and seek support from family violence services.
• Financial dependence and travel: In cases of family violence, an abusive partner may control finances, making it difficult for the other parent to organise safe travel for the child.
• Emotional impact: Family disputes and separation can have significant emotional effects on children. Consider the child’s well-being and provide emotional support around travel.

If you have a temporary or bridging visa, make sure you check if there are any restrictions on leaving or returning to Australia before you travel. Some visas may limit your ability to re-enter the country, so it’s important to speak with a migration agent or lawyer to understand your visa conditions.

• Temporary visa holders: Some temporary visas have travel restrictions. Always confirm if you can leave and return to Australia.
• Bridging visa holders: Some bridging visas do not allow re-entry if you leave Australia. Be sure to check this before making any travel plans.

Get migration advice if you plan to travel on a temporary visa. Visit the Legal Aid website or call 1300 792 387 between 8 am and 6 pm, Monday to Friday.