Travel after separation in family law

Did you know that if parenting proceedings have been commenced in a family law court (whether in the Family Court of Western Australia or elsewhere in Australia), it is an offence to take a Child the subject of those proceedings outside of Australia without the consent of the other party, or an order of the Court.

So, if you decide to “pop over” to Bali one weekend with the Children, thinking it is just easier to go without having to ask the other parent, and you are currently in proceedings before the Court in regards to your Children’s care arrangements, you are actually breaking the law.

The penalty for this, as prescribed by Section 65Y of the Family Law Act, can include imprisonment for three (3) years.

So, if your ex-partner does not agree for you to travel overseas, and there are proceedings before a Family Court, you will need to seek an Order of the Court. It is important, when preparing your application, that you address the relevant factors the Court will consider, including:

  • Your travel plans, including whether there are any security risks or concerns for the proposed country of travel;
  • The reasons for your travel;
  • Any benefits to the children in travelling;
  • What attempts you have made to obtain the other party’s consent;
  • Why the other party has not agreed;
  • What are the circumstances of your case that show you and the children are liable to return;
  • Any proposed make up time, if your proposed travel interferes in time the other party would usually spend time with a parent.

We at Perth Family Lawyers can provide you with advice specific to your particular situation, and assist you with the preparation of any paperwork required to ensure you and your Children don’t miss out on that school holiday trip.

Contact us today on (08) 9325 8675 or email us via our Contact Page and arrange an interview with Samantha Long, or any one of our other professional staff so we can assist in this, and any other family law matter.

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