Cassandras Pullos says with the September school holidays approaching, separated people intending to do any overseas travel with children are reminded that there may be some travel complications to resolve.

“If you have any orders in place relating to your children then, unless you have an Order allowing you to take your children overseas, or unless you have the consent of both parents, (that permission needs to be in writing and the signature “authenticated” – a peculiar and specific legal requirement you will need advice about), then you will be committing an offence if you take your children outside the Commonwealth of Australia.

“It’s punishable by a fine and/or a jail term and should be taken seriously.  There’s also the embarrassment, frustration and loss of fares plus the lost holidays factors if you are stopped at the airport or cruise terminal if the other parent has placed the child’s name on an airport watchlist,” Cassandra says.

The rules are in place to prevent a parent abducting their children and fleeing overseas with them.

Cassandra says the requirement does not apply to couples who are still together but taking separate holidays, with no orders in place regarding their children.

The Family Law Act only requires the formal written consent, in writing and authenticated, where there are Orders in place in relation to a child.  However, even if you have no orders in place – you should still have the consent of the other parent for travel with the children, to avoid potentially significant problems down the track.

If you need advice or assistance, call us on 07 5526 3646 or contact us here and one of our expert family lawyers will be able to assist.