International Travel Consent
The client has concerns regarding their former partner possibly taking their daughter overseas to a foreign country without mutual consent. The situation arises in Australia, specifically in New South Wales, where there are currently no existing parenting orders. The matter involves legal aspects of child custody and parental consent under Australian family law.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs it illegal for my ex-partner to take my daughter abroad without my consent if there are no parenting orders in place?
In Australia, particularly in New South Wales, if no parenting orders exist, it may not be inherently illegal for your ex-partner to take your daughter abroad without your consent. However, both parents typically share equal parental responsibility, which includes major decisions about the child's travel. Therefore, traveling abroad without mutual agreement could potentially be challenged in court, as it may breach parental responsibility duties.
What legal steps should I take to prevent my ex-partner from travelling overseas with my child without my consent?
To prevent your ex-partner from taking your daughter overseas without your consent, consider applying to the Family Court of Australia for a "Watchlist Order". This order would alert authorities to stop your child from being taken out of the country. You would need to show that there is a risk your child may not return to Australia.
How does the lack of parenting orders impact my ability to influence my child's international travel plans?
Without parenting orders, both parents generally have equal parental responsibility over significant decisions, including international travel. This means you do not have the unilateral authority to stop your ex-partner from taking your daughter abroad, but your concerns should still be considered, especially regarding your child's best interests.
If I am concerned about my child's welfare during this trip, what legal options do I have to ensure her safety?
If you're worried about your child's safety during travel, you can apply to the Family Court for a specific issue order addressing your concerns about travel arrangements. If necessary, you can also seek a recovery order or an injunction to prevent the trip until further matters are resolved.
Can I apply for a court order to establish parenting arrangements before the trip, and what does that process involve in New South Wales?
Yes, you can apply for a court order about parenting arrangements in New South Wales before your ex-partner plans to take your daughter abroad. This involves filing an application with the Family Court, which may include mediation and potentially a court hearing.
