Travelling Abroad with Child post Separation? Know these Things
Court authorization is required in many instances where the child is travelling abroad, such as; to get an Australian passport of the child if either of the parent / authorized person does not sign the form or to stop the child to be taken out of Australia.
If the child is already taken out of Australia without your permission, you should immediately contact Commonwealth’s Attorney-General’s Office on 1800 100 480 / www.ag.gov.au
Prima facie, the application should be filed in Federal Circuit Court first; IF you don’t have parenting case pending in Family Court. If you have parenting case currently in Family Court, you should apply for Court Order in Family Court. It should be clearly mentioned in the application form what orders you are seeking from the court.
Application to take the child abroad
An affidavit is required to be filed along with the application. The affidavit should contain details like:
- Travel plans and intention
- If the country the child is being taken is an Hague Convention Country or not
- How the child is related to Australia
- Immigration status of people accompanying the child
- Are there any travel warnings?
- Willingness to provide an undertaking to compensate the damage to the other party, incase the order is issued and there has been any violation of interests.
- Any other detail that might hold importance in the case.
- Is there any monetary compensation made as security?
Application to prevent the child being taken abroad
The application submitted in the court should clearly state what the applicant is seeking from the court orders. An affidavit is required to be submitted mentioning the reasons for seeking such an order.
You can apply for:
- Preventing passport issuance
- Submission of the passport of the child / the adult accompanying the child in international travel
- Prevent the child traveling outside Australia
Application for Child passport
Parent(s) / person(s) who has parenting orders should give a written consent to issue passport to a child. Along with the written consent passport can be applied for in any Australian Passport Office.
If, written consent is not provided, you can apply under “ special circumstances” to Approved Senior Officer of the Dept. of Foreign Affairs and Trade.
In the case, where the application is rejected by Dept. of Foreign Affairs and Trade, you can apply to court for permission to issue passport. If the court finds it in the best interest of the child, it may order to do so.
Seeking legal guidance from family law experts helps you in deciding the right solution to safeguard your child’s interest.