Children Travelling Overseas this Holiday Season

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If you are separated and you or your former spouse are travelling overseas this holiday, here’s some hints and tips from the Owen Hodge Family Law team that you should turn your mind to:

 

Consent

It is important to make sure that the parent travelling has a copy of the other parent’s written authenticated consent, or alternatively an order permitting overseas travel to avoid any problems at the airport. 

If you are unable to come to an agreement with your former spouse and the situation is urgent, you can look to make an application for the child to be placed on an Airport WatchList.  

 

Prior to Departing Australia 

  • It is imperative that the non-travelling parent has a copy of the flight itinerary showing the departure time as well as the return flight details and all other important travel documents. 
  • Make sure there are open lines of communication between both parents (exchange emergency contact details) so that everyone may be informed in the event of an emergency.

 

Hague Convention

It is worthwhile to check that the overseas travel destination is a Hague Convention Country. As a signatory under the Hague Convention on the Civil Aspects of International Child Abduction, Australia has an agreement with many other countries to prevent your child’s removal (without a court order) from the country where they habitually reside. 

The convention allows for a parent to apply for the child to be returned to Australia, however, they can only do so if the child is taken to another Convention country without prior consent, or is kept in a convention country longer than the agreed-upon period of time.  

If you have any questions about this or any other family law matter, don’t hesitate to contact the Family Law offices at Owen Hodge Lawyers on 1800 770 780 or by emailing us at ohl@owenhodge.com.au

On behalf of the Family Law team at Owen Hodge Lawyers, we wish everyone a happy and safe holiday!

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