Your ex cannot take your child overseas without your permission if you both have shared custody.
In Australia, both parents generally have an equal say in major decisions affecting their child, including international travel.
If your ex wants to travel with your child, they usually need your written consent or a court order allowing them to do so.
If they take your child overseas without your agreement, it may be considered international child abduction, which has legal consequences.
Do Both Parents Need to Agree on Overseas Travel?
Yes, in most cases, both parents must agree before a child can leave Australia.
If you have a parenting order in place that grants shared parental responsibility, decisions about overseas travel must be made together.
Even without a formal order, if your child’s name is listed on your passport application as requiring joint consent, both parents must approve the trip.
If your ex is planning to travel with your child, they will typically need:
- Your written permission
- A signed passport application if the child does not have one
- A court order if you refuse to give consent
Key Takeaway: Unless there is a court order allowing it, your ex needs your permission before taking your child overseas.
What Happens if Your Ex Takes Your Child Overseas Without Permission?
If your ex takes your child overseas without your consent, it could be considered international child abduction. This is a serious legal matter, and you may be able to take action to have your child returned.
Steps you can take include:
- Contact the Australian Federal Police (AFP) – You can request a Family Law Watchlist order to prevent your child from leaving the country.
- Apply for a Recovery Order – If your child has already left, you may need a court order to have them returned.
- Use the Hague Convention – If your child has been taken to a country that is part of the Hague Convention on International Child Abduction, legal processes exist to help return them.
If your ex takes your child to a non-Hague Convention country, recovering them can be much more challenging, and legal advice is recommended.
Key Takeaway: If your ex takes your child overseas without permission, legal steps can be taken to prevent or reverse it, depending on the destination country.
How Can You Prevent Your Ex From Taking Your Child Overseas?
If you are concerned that your ex may try to take your child overseas without consent, there are steps you can take to prevent it:
Apply for a Family Law Watchlist Order
You can apply to the Federal Circuit and Family Court of Australia to place your child on the Airport Watchlist. This means the Australian Federal Police will stop your child from leaving the country.
Seek a Court Order Preventing Overseas Travel
If you believe your ex may take your child overseas without your agreement, you can apply for a court order that prohibits international travel. The court will assess whether travel is in the child’s best interests before granting an order.
Hold Onto Your Child’s Passport
If your child already has a passport, keeping it in a safe place can prevent unauthorised travel. However, if your ex has already obtained a passport for your child, you may need a court order to surrender it.
Apply for a No-Passport Order
If your child does not yet have a passport, you can request an order preventing one from being issued without your consent.
Key Takeaway: If you fear your ex may take your child overseas without permission, you can apply for a Family Law Watchlist order, hold onto the child’s passport, or seek a court order to prevent travel.
What If There Is a Court Order Allowing Travel?
If a court order allows your ex to take your child overseas, you must comply unless you successfully challenge it.
If you believe there is a risk of harm or your child may not be returned, you can apply to the court to vary or overturn the order.
Key Takeaway: If a court order permits overseas travel, you must comply unless you apply to have the order changed due to new concerns.
Your ex cannot take your child overseas without your permission unless a court order allows it. If you have concerns, you can take legal steps to prevent unauthorised travel.
Whether you are dealing with a planned holiday or a potential child abduction risk, understanding your rights can help you take the appropriate action to protect your child.
If you’re unsure about your legal position, seeking legal advice can help you explore your options.