School holidays are around the corner, and many separated families are starting to plan international travel. If you’re hoping to take your child overseas, it's important to understand the legal requirements to avoid delays, or even potential criminal consequences.

With holiday season demand and processing times, if you need to apply to the Court for permission to travel or to obtain a passport without the other parent’s consent, time is critical.

The deadline to apply is next Friday 14 November, to give your matter the best chance of being considered before the busy Christmas period.

At Parker Coles Curtis, we assist parents every year with securing consent, preparing necessary documents, and acting urgently where needed.

Do you need consent?

After separation, you generally need:

• written consent from the other parent, or
• a court order permitting overseas travel

This applies especially where parenting orders are already in place.

If consent is refused, you can:

• attend family dispute resolution (mediation); or
• apply to the Federal Circuit and Family Court of Australia for permission to travel.

Before you travel: your checklist

✔ Obtain written consent from the other parent (important to keep this in writing)
✔ Check existing parenting orders – many set conditions for international travel
✔ Try mediation if you cannot agree
✔ Check passport arrangements – both parents must sign the application

If one parent refuses to sign the passport paperwork, you may need to apply to the Court for orders authorising the passport’s issue.

If you cannot get consent

You may apply to the Court for an order allowing travel. The Court will consider:

• your itinerary and return plans
• the child’s ties to Australia (school, family, activities)
• whether the destination is a Hague Convention country
• any risks of non-return

The Court may order safeguards (such as a monetary bond) to ensure your child returns to Australia.

Important: taking a child overseas without permission

It is a criminal offence to take a child overseas without consent or a Court order if:

• there are parenting orders in place, or
• proceedings are currently before the Family Court

Penalties can include imprisonment.

Family Law watchlist & travel concerns

If you are concerned a child may be taken overseas without consent, you can request the child be placed on the Family Law Watchlist, alerting police if they attempt to travel.

See the Australian Federal Police resource here:
🔗 https://www.afp.gov.au/our-services/national-policing-services/family-law-watchlist

Disclaimer: This material is produced by the AFP and provides general information about the Family Law Watchlist. It is not legal advice. For advice on your specific situation, seek legal guidance.

Timing matters – Court system is busy

Given the upcoming festive season and high Court demand:
Apply before 14 November if you need orders for travel or a passport issue
Delays can result in missed travel dates.

How we can help

Parker Coles Curtis can assist you with:

• negotiating written travel consent
• preparing consent orders
• urgent Court applications for travel or passport issues
• watchlist enquiries
• travel and relocation advice

Need advice?

If you are planning overseas travel with your child or are concerned about a possible non-return, early advice is essential.

Contact us today to discuss your options and timeframes. Your peace of mind, and your child’s safety, are our priority.