THERE can often be an argument between parents as to whether a child or children should be allowed to travel overseas and the ability for parents to take a child overseas really depends upon the child having a valid passport.

As both parents are required to sign the passport application for an Australian passport, the lack of a passport for a child or children might suffice to stop the child travelling overseas as one parent can refuse to sign the passport application.

If a child already has a valid passport, which is in the possession of the other parent, or if the child is entitled to another passport from more than one country and the other country does not require consent of the parent to issue a passport, then additional difficulties might arise.

In these circumstances, an urgent application to restrict the child from travelling might need to be made to the Federal Circuit Court of Australia seeking orders that the child shall not be removed from Australia without the written consent of the parent, or further court order that the child or children’s names be placed on a watch list at all airports and major ports.

There are relevant factors a judge will give consideration to when considering such an application.

Until next week – Keep it Legal.

Kevin Murray
kmurray@walkerpender.com.au

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