Can I Travel Overseas With Children If We Are In Court?

Can I Travel Overseas With Children If We Are In Court?

Can I Travel Overseas With Children If We Are In Court?

The answer to this is no, unless you have the written permission from the other parent.  If you are already in the Court System in either the Federal Circuit Court of the Family Court in relation to the children you cannot travel overseas without permission.  The Family Law Act is quite clear about this.  There are servious penalties that could even see the parent jailed for up to 3 years.

In a recent case in the Courts the father had been granted orders for a child on an interim basis and the mother left the country with the child without permission.  There is now a warrant out for her arrest.  Should they find her and bring her back to Australia she could face a gaol term.

What was interesting about the case was that the mother had applied for child support before she left the country telling the agency that she had 100% care of the child against the orders made by a Judge.  The father won the right to have the child support stayed until the parenting matter was resolved.  This means that although the assessment was still in place, he did not have to pay until all the court matters were dealt with.

If you need Family Law legal advice call Ruth Single on free call 1800 087 934 or come along to our next FREE Family Law Information Session.  Register by clicking here


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