Do you want to travel overseas with your child?

This guide will help you understand the steps you might need to consider if you are planning to travel overseas with your child.

If you have separated from your child’s parent and you want to take your child overseas, you need to consider any parenting plan or court order and the other parent’s views where it is safe to do so. If it is not safe to consult the other parent, there are a number of steps you can take that are explained below. You will also need to consider practical things such as your child’s passport, your own visa status, as well as other possible risks involved with travel.  

This information is general and is not legal advice. If you have specific legal questions, it is best to talk to a lawyer.

Issues you need to consider:

Issues you need to consider:

Do you have a parenting plan or court orders?

If you have a parenting plan or a court order in place, you are required by law to follow it and inform the other parent of plans. The other parent must have knowledge of the travel plans and give consent for you to travel with your child.

If you do not have a parenting plan or court order in place, we recommend that you consult the other parent and come to a joint decision to allow you to travel with the child.

Can you and the other parent come to an agreement about the travel?

The law requires parents to decide major and long-term issues with the best interests of the child in mind.

If you can come to a joint decision, we strongly recommend that you put your agreement in writing. This could be in an email or letter. It is important to discuss and record your travel plans including dates, where you will be staying and how the other parent can maintain contact with your child.

What if it is not safe to consult with the other parent about the travel, or if you cannot agree?

If it is not safe to consult the other parent or you are not able to make a joint decision, you can try Family Dispute Resolution. This is where a mediator can help you discuss issues and come to a joint decision.

As a last resort, you may consider going to the Federal Circuit and Family Court of Australia, and making an application to allow you to travel with your child. It is important that you speak with a lawyer before you consider going to court. The court will consider what is in the best interests of your child, including the impact of the travel on the child and contact with the other parent.

If you travel without the other parent’s consent, the other parent may apply to the court to prevent you from travelling, or to have the child returned to them.

If your plans change while traveling, it is important to let the other parent know as soon as possible. Keeping a child overseas without the other parent’s consent is a crime.

Do you have a passport for your child?

Your child will need a passport to travel overseas. If you child does not have a passport, you will need to apply for a passport. This can take some time (a minimum of six weeks).

If you need to apply for a passport for your child, visit our resource page for more information I Want To Apply For A Passport For My Child.

If the other parent does not agree with your travel plans, you can try Family Dispute Resolution.

Have you considered the potential risks of travelling with your child?

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

  • 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.
Are you a temporary visa holder in Australia?

If you have a temporary or bridging visa, you need to check if there are any restrictions on leaving or returning to Australia before you travel. Some visas may limit your ability to re-enter Australia, 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. You need to check your visa conditions 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.

Summary checklist: What steps do you need to take to travel overseas with your child?

  • Check whether your parenting plan or court order has any conditions around traveling.
  • Consult with the other parent and make a genuine attempt to come to a joint decision.
  • If it is not safe to consult with the other parent, or they do not agree to the travel, you can try Family Dispute Resolution or, as a last resort, you can apply to the Federal Circuit and Family Law Court of Australia.
  • Check if your child has a valid passport and who is holding it.
  • Check visa rules for the country you are planning to travel to.
  • Check your visa and visa conditions so you can return to Australia.

Where can you find more information on travelling overseas with your child?

For more information on travelling overseas with your children see: Children: Relocation, travel and the Hague Convention | Federal Circuit and Family Court of Australia

Where can you find further information and support?

Contact Legal Aid or call 1300 792 387 and ask for an interpreter. This service is open Monday to Friday, 8 am to 6 pm and it is free.

How can inTouch help you?

inTouch works with migrant and refugees who are experiencing family violence in Victoria. We can help you to become safe and move forward with your life through case management, legal and migration support and recovery programs.

Find out more by visiting our Get Help page.

If you are in danger, please call the police on 000 or contact Safe Steps on 1800 015 188. They are available 24 hours a day, 7 days a week. 

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