Yes, you need permission to take your child overseas if they are under 18 and there are legal parenting or child custody arrangements in place.
If both parents share parental responsibility, you must get the other parent’s consent before travelling.
If you travel without permission, you could face legal consequences, including being stopped at the airport or ordered to return the child.
Understanding your rights and obligations before booking international travel can help you avoid legal issues and ensure a smooth trip for you and your child.
When Do You Need the Other Parent’s Permission?
If there are no court orders or formal parenting arrangements, you may not need the other parent’s written consent. However, it’s always recommended to discuss travel plans to prevent disputes.
You must get permission if:
- There is a parenting order in place that grants shared parental responsibility.
- The child’s passport was issued with both parents’ consent.
- A court order specifically prevents the child from leaving the country.
Even without formal orders, if the other parent objects to the trip, they may apply to the court to stop you from travelling.
Key Takeaway: If you share parental responsibility, written permission is required before taking your child overseas.
How to Get Permission for International Travel
To avoid complications, follow these steps when seeking the other parent’s consent:
- Discuss the trip in advance – Provide details about travel dates, destinations, and accommodation.
- Get written consent – A signed letter or statutory declaration outlining the travel plans can serve as proof.
- Check passport requirements – If your child does not have a passport, both parents may need to sign the application.
- Confirm visa and legal requirements – Some countries require additional documentation to prove parental consent for a child’s travel.
If the other parent refuses to give consent, you may need to apply to the Federal Circuit and Family Court of Australia (FCFCOA) for permission.
Key Takeaway: Written consent from the other parent helps avoid disputes and ensures smooth travel arrangements.
What If the Other Parent Refuses Permission?
If the other parent does not agree to your child travelling overseas, you can:
- Negotiate through mediation – A family dispute resolution service may help reach an agreement.
- Apply to the court for a travel order – If mediation fails, the court can decide based on the child’s best interests.
- Provide guarantees – Offering return tickets, travel insurance, or regular contact may help ease concerns.
The court will consider factors such as:
- Whether the travel is for a legitimate reason (e.g., family visit, education, or cultural experience).
- The length of the trip and the impact on existing parenting arrangements.
- The risk of non-return, particularly if the destination country is not part of the Hague Convention on International Child Abduction.
If there are concerns about child abduction, the other parent may apply for a watchlist order, preventing the child from leaving Australia without court approval.
Key Takeaway: If permission is denied, mediation or a court application may be necessary to resolve the dispute.
Need a Lawyer?
What Happens If You Travel Without Permission?
Taking your child overseas without proper consent can lead to serious legal consequences, including:
- Being stopped at the airport – Australian Border Force officers can prevent a child from leaving if there is a travel restriction.
- Court orders for the child’s return – If you travel without permission, the other parent can apply for a recovery order.
- Legal penalties – Removing a child from Australia without consent can be considered child abduction under Australian law.
If a child is wrongfully taken overseas, the Hague Convention allows for legal action to secure their return from participating countries.
Key Takeaway: Travelling without permission can result in serious legal action, including court-ordered returns and travel bans.
How to Prevent Unauthorised Travel
If you are concerned that the other parent may take your child overseas without your consent, you can:
- Apply for a watchlist order – This prevents the child from leaving Australia without a court decision.
- Seek a court order – If you believe there is a risk of abduction, a parenting order can set conditions for travel.
- Keep travel documents secure – If your child’s passport is in your possession, ensure it is stored safely.
A watchlist order is particularly important if the other parent has strong ties to a country that is not part of the Hague Convention, as returning a child from such countries can be more difficult.
If you are wondering, “Do I need permission to take my child overseas?”, the answer depends on your parenting arrangements.
If you share parental responsibility, you must obtain the other parent’s consent before travelling.
Written agreements and open communication can help prevent disputes, but if conflicts arise, mediation or court intervention may be required.
Before making any travel plans, ensure you have the necessary permissions and legal documentation to avoid delays or legal issues.
If you are uncertain about your rights, seeking legal advice can provide clarity on your specific situation.