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5 things to know if you are separated or divorced and want to travel overseas with your child/ren – Lexology

December 6, 2021 by Family Law

Covid-19 has affected our daily lives and the things we typically would or would not think about when caring for our children. Prior to Covid-19, one element that utilized to be on the forefront of most moms and dads’ minds after they have separated is if they can take a trip with their child/ren overseas.

Considering that Covid-19 has actually ended up being somewhat part of our normal lives and constraints have actually been presented concerning travel, some moms and dads have ended up being less worried about international travel due to the fact that no one (without particular exemption) can travel beyond Australia.

As soon as restrictions are lifted and Australians have the ability to take a trip overseas once again, there’s a few things that parents will require to keep in mind. These include the following:

  1. If parties have actually separated and there are no court continues or court orders regarding care of the children, as long as the kids have passports, either parent can take the kids overseas without the other party’s consent. This might be bothersome particularly if there is a risk that the taking a trip parent is likely to relocate with the kids overseas or if information about the travel is not supplied to the non-travelling parent.
  2. As soon as proceedings are on foot or the celebrations have parenting orders, neither celebration can take the children overseas without either the composed consent of the other moms and dad or without a court order permitting such travel.
  3. It is necessary that orders are included in parenting orders that allow for international travel and what requires to be done prior to the designated travel and during the travel, such as notification of the travel, copies of travel plans, information of the holiday and contact information for the taking a trip parent and kids while they are overseas etc.
  4. . If you are worried that the other moms and dad will take the kids overseas without your consent or understanding it is necessary that you get legal recommendations rapidly and think about whether you want to make an application to place the kids on the airport watch list.
  5. Placing children on the airport watch list means the kids are unable to take a trip outside of Australia while they stay on the airport watch list.

If you have any concerns about this concern or your family law matter, please do not be reluctant to call our Household Law team.

Source: https://www.lexology.com/library/detail.aspx?g=b6ced582-fcdd-4f29-b96b-97e52aa8cfd3

Filed Under: Family Law Tagged With: RSS Feeds

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