Overseas travel and international matters
Taking children overseas after separation, even for a holiday, raises important legal questions. We advise on passports, travel consent and what to do if a child may be taken overseas without agreement.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Most overseas trips are positive experiences for children. With the right consent and planning, they can happen smoothly.
We help parents agree on travel, apply for passports and put arrangements in place, and act quickly where there is a risk a child may be taken overseas.
We also advise on international relocation and on the Hague Convention, which helps return children wrongfully taken between member countries.
Planning travel with confidence
Clear travel arrangements, agreed in advance, reduce anxiety for both parents and make trips easier for children.
Where there is a risk of abduction, we act quickly to protect children, including urgent orders and placing children on the Family Law Watchlist.
RelocationHow we can assist
Whether you are planning a holiday or concerned a child may be taken overseas, we help you act with confidence.
Passports
Applying for a child’s passport, including where a parent will not consent.
Travel orders
Court orders permitting or restricting overseas travel.
Family Law Watchlist
Preventing a child from being taken out of Australia.
Hague Convention
Return of children wrongfully taken to or from a member country.
Urgent applications
Urgent orders where removal is threatened.
Holding passports
Orders for passports to be held while matters are resolved.
If you believe a child is about to be taken overseas without consent, contact us or the police immediately.
Planning overseas travel
A clear process helps avoid disputes and last-minute problems.
Call 1300 739 954Check any existing orders
Orders may set out requirements for travel, such as notice periods and itineraries.
Seek written consent
Ask the other parent for written consent well in advance.
Provide details
Share the itinerary, accommodation and contact details, and the return date.
Passports
Both parents generally need to consent to a child’s passport. A court order can resolve disagreement.
If consent is refused
Mediation or a court application can resolve the issue.
If there is a risk
Urgent orders and the Family Law Watchlist can prevent removal.
“Highly recommend. From our very first discussion I felt supported and confident in the firm’s ability. The experience and commitment throughout this very stressful process was amazing. Everything was explained clearly and handled with respect.”
Planning overseas travel with your children?
Get advice about consent, passports and court orders.
Protections available
The law offers several protections where there is a risk of a child being taken overseas.
Family Law Watchlist
Children on the watchlist cannot be taken through Australian international departure points.
Criminal offence
Where parenting orders exist or proceedings are underway, taking a child overseas without consent or a court order is a criminal offence.
Hague Convention
Australia is a member, which helps return children wrongfully taken between member countries.
Common questions about overseas travel
Do I need the other parent’s consent to take the children overseas?
Usually, yes, especially where parenting orders exist or proceedings are underway. Written consent avoids disputes.
Can I get a passport for my child without the other parent’s consent?
Both parents generally need to consent. If consent is refused, you can apply for a court order, or a passport may be issued in special circumstances.
What is the Family Law Watchlist?
A list maintained by the Australian Federal Police that prevents children on it from leaving Australia through international departure points.
What happens if a child is taken overseas without consent?
If the child is taken to a Hague Convention country, an application can be made for their return. Act quickly.
Can the Court stop a parent from travelling with the children?
Yes. The Court can make orders restricting travel, requiring passports to be held, or placing children on the watchlist.
Can I move overseas with my children?
International relocation requires agreement or a court order and involves additional considerations.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Travel with confidence.
Whether you are planning a trip or concerned about one, we invite you to start with a confidential conversation about your options.
