If you want to take your kids overseas without the father’s consent, you should know how the law works. This is especially important if you are separated or getting a divorce. There are laws in place to protect children from being taken out of the country by one parent without the other parent’s permission.
Even if you are on vacation, you should ensure that taking your kids overseas without your partner’s or ex-partner’s permission won’t get you in trouble with the law.
Why Do I Need Consent From My Partner?
In recent years, there have been several high-profile cases where one parent took a child out of Australia and to another country. For example, the Australian Missing Persons Register says that more than 150 children are handled by a parent every year, and many are never found.
There are many reasons why children can be taken out of the country. Sometimes it’s because of domestic violence. Sometimes, it’s because of a custody battle; sometimes, a parent wants to move with their kids but doesn’t want to go through the legal steps to do so.
What Does The Law Say About Sending Kids To Another Country?
Even though there has yet to be a law that makes it illegal, many rules make it hard for parents to take their kids overseas without the other parent’s permission.
If one parent takes a child without the other parent’s permission, the other parent can ask the court for a recovery order. For example, a recovery order is a document from the court that says one parent has to give back a child or children. If you get a recovery order, it’s essential to follow the rules because you could face more legal trouble if you don’t.
Can My Partner Stop Me From Taking The Kids To A Different Country?
If your partner is worried that you might sneak the kids out of the country without their permission, they can put your kids’ names on an airport watch list.
The AFP maintains the airport watch list and requires airports in Australia to retain it. However, if a parent with a child on the airport watch list tries to take that child out of the country, the child will not be allowed to leave.
This applies to both parents, so if your partner wants your children to be on the list, they will be able to leave the country once the court order is lifted (which can only be done by the AFP). Your partner can also ask to be put on an airport watch list and a list of people who can’t leave Australia. This official court order says you can’t take the kids on order out of the country.
What If My Partner Doesn’t Want To Let Me?
If your partner doesn’t let you take your kids outside of Australia, you can ask the Federal Circuit Court in Australia for permission.
You will have to sign an affidavit and tell them where you are going, your plans, if you have any ties to the country you are going to, and anything else necessary. You may also have to pay a certain amount as a deposit, which will be returned to you when you leave.
Can I Get My Child A Passport?
Both of the child’s parents must sign the application for a child’s passport. This is usually the name of the parent listed on the child’s birth certificate. Still, it can also be grandparents or other relatives who may have parental responsibility or welfare organisations that have taken care of the child.
If parents or someone with parental responsibility signs the passport, it will be issued. But you can ask the Department of Foreign Affairs and Trade to make an exception and let you get a passport without the signatures of both parents.
Even though it is easier to take your kids abroad with your partner’s permission, it is sometimes possible.
The law protects children and families from illegal child abduction, so you should talk to a lawyer if you want to take your kids out of the country against your partner’s wishes.
So, to sum up, have fun planning for the holidays, but watch out for the things above, and if you need more time, talk to the other parent to avoid problems.
Platinum Lawyers is a law firm with offices in both Sydney and Parramatta. If you want to meet with a family lawyer, call us at (02) 8084 2764.
