If you want to travel with your child after separating from your partner, you need to consider the other parent’s views. The law requires you to consult with the other parent if it is safe to do so. Travelling overseas is considered a major long-term issue where parents need to make a genuine effort to come to a joint decision.
The law requires parents to decide major long-term issues with the best interests of the children in mind.
If you can come to a joint decision you must agree on your plans in writing. It is important to discuss and record things like your travel plans including dates and where you will be staying, as well as how the other parent can maintain contact.
If it is not safe to consult the other parent or you are not able to come to a joint decision, you can try Family Dispute Resolution. This is where a mediator can help you discuss issues and come to a decision.
For more information on travelling overseas with your children see: Children: Relocation, travel and the Hague Convention | Federal Circuit and Family Court of Australia
This information is general and is not legal advice. If you have specific legal questions, it’s best to talk to a lawyer.
Your child will need a passport to travel overseas. Make sure you know where their passport and other important documents are kept. You should also plan ahead to apply for a passport if your child does not have one.
If you need to apply for a passport for your child, read our resource page I Want To Apply For A Passport For My Child for more information. The other parent will need to sign the passport application.
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 will need to show that you have special circumstances to apply without the other parent. This may include circumstances of family violence.
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, it’s important to share your travel plans to avoid confusion.
If the other parent does not agree, you can try Family Dispute Resolution. As a last resort, you may consider whether to go to court, however, 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:
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.
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.
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.
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.
