Home > News > Travelling With Your Children Over The Australian Summer School Holidays

Travelling With Your Children Over The Australian Summer School Holidays

Spread the love

Are you considering travelling overseas with your family over the Australian summer school holidays? If there are parenting orders in place or court proceedings pending, we recommend you seek legal advice before travelling with your children, to ensure enjoyable and incident-free travel for your family.

Important issues to consider before travelling with children who live in two-family households include:

Passports

  • Do the children have current passports?
  • Does the validity of the passport extend sufficiently for the requirements of the countries to which you are travelling?
  • Do you have access to the passports?

Parenting Orders Or Court Proceedings

  • Are there parenting orders relating to the children; made in Australia or overseas?
  • Are there court proceedings on foot in Australia or elsewhere? 
  • If there are parenting orders in place or court proceedings pending, is the travel in accordance with any court order or with the consent of the other parent?
  • If not, we encourage you to seek prompt advice in light of the provisions of:
    • Sections 65Y and 65Z of the Family Law Act:  These provisions impose a penalty of imprisonment of up to three years for a parent (or a party or a person acting on behalf or at the request of a parent/party) to remove a child from Australia, without a court order or the authenticated consent of the other parent (or any other person who benefits from the orders or is a party to pending parenting proceedings); and
    • The provisions of the Hague Convention on the Civil Aspects of International Child Abduction.
  • Travelling overseas with a child contrary to a court order may constitute a contempt of court.

For further information, see our online news articles:

If you require assistance with a parenting dispute, please email our Family Law team or call us on +61 3 8540 0200.