Child Custody and Travel Consent Issue
The individual is not officially married and is experiencing challenges in obtaining travel consent from their partner for their two children. Both parents and children currently reside in Canada. The individual intends to travel to Australia for a visit to close relatives for a short duration of three days. The children do not have valid passports at present, and the partner has expressed reluctance to consent to the travel.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal rights do I have regarding custody and travel with my children if my partner and I were not officially married?
In Australia, custody matters for children of unmarried parents are governed by the Family Law Act 1975. Both parents generally have equal shared parental responsibility. If consent cannot be obtained from the other parent, seeking a parenting order from the Family Court may be necessary to approve travel with the children.
How can I obtain the necessary consent or legal documentation to travel with my children to Australia?
You can seek a court order in Canada to obtain the necessary permission for your children's travel. Consulting a family lawyer will guide you through the application for a parenting order that specifically grants travel permission.
What are the potential legal consequences if I travel without the other parent's consent?
Travelling without consent could lead to legal actions based on international laws, particularly those aimed at preventing child abduction. The other parent might file a complaint that could necessitate court proceedings in both countries.
Is it possible to apply for a court order to allow my children to travel internationally with me?
Yes, you can apply for a court order under Canadian family law for permission to travel internationally with your children. This involves demonstrating that the travel is in the best interests of the children.
How does my current location affect my ability to resolve custody and travel consent issues under Australian law?
Being in Canada requires addressing custody and consent issues through the jurisdiction where the children reside. Legal advice in Canada is essential to understand rights and obligations.
