LAST week, we mentioned that where parents cannot agree, a judge will give consideration to allowing or preventing children to travel overseas.

Upon considering any application seeking an order preventing or allowing children to travel, the judge will give consideration to the purpose for the children travelling overseas.

If the travel is for a relatively short period and for the purposes of a holiday, the judge may consider this to be in the best interest of the children but may set conditions regarding that travel which may include the parent travelling with the children to provide to the other parent;

• A detailed itinerary of the overseas travel;
• Contact details for the children whilst overseas including accommodation details;
• Flight details, departure and return dates, flight numbers and copies of the relevant airline tickets including the return ticket;

A judge may also order that the parents are prohibited from taking the children to a country that is not a signatory to the Hague Child Abduction Convention.

If the judge considers the risk of flight of a parent with children to be too great, and/ or that the intended country of travel is not a signatory to the Hague Child Abduction Convention, and/or if the financial circumstances of the parties are such that security cannot be provided by the parent intended to travel overseas, the judge may order that the children may not be removed from Australia and that the children’s names be placed on the watch list at all airports throughout Australia.

Until next week – Keep it Legal!

Kevin Murray
kmurray@walkerpender.com.au

* The legal information in this article is of a general nature only and not intended to be legal advice to rely upon