My ex wonâ€™t let me go overseas with our child; what do I do?
by Matthew Elvin
Do you want to travel overseas with your child, but the other parent won’t agree to let you go? The first question to ask is – who has the child’s passport (if one exists)? If you do not have it, then you will need to apply to the Court for an Order permitting you to take your child overseas. If you are in possession of the child’s passport, unless the other parent makes an application to the Court to stop you from going overseas, then you technically have the option of simply going overseas without the consent of the other parent. However, you should not do this if it would be a breach of a current Family Law Parenting Order (because this may lead to Court proceedings against you).
In most cases where the other parent wonâ€™t agree, people find that they will need to apply to the Court for an Order. If your child does not have a current passport, you will be seeking a Court Order to allow you to go overseas with the child,Â and also either an Order that the other parent’s signature not be required on the passport application, or an Order compelling the other parent to sign the passport application.Â If the other parent has the childâ€™s passport, then you will seek an Order that they deliver it to you.
In making your application for Court Orders, you must satisfy the Court that it is in the child’s best interests to go overseas. Â To do this, you will need to provide the complete details of your planned trip overseas, such as times, dates and places where you intend to go. You should also make efforts to show that it is a genuine holiday, and that you have every intention of returning to Australia. It would be a good idea to include copies of airline tickets showing that return flights have been booked. We would also suggest that you state all the major reasons why you will be returning to Australia, such as your job, your family, and any other ties to Australia that you may have. Finally, you also should show that the countries you are intending to go with the child are safe places for a child of that age. If you are able to show all of this, then there is little reason why the Court would not allow you to go.
If you want a Court Order allowing you to go overseas with your child/ren, do not hesitate to contactÂ TBA LawÂ to find out more.
Contact us to arrange a chat. It doesnâ€™t hurt to ask.