International Travel Dispute
The client seeks to travel overseas with their children, with plans to start the trip in early 2025, but faces opposition from their ex-partner regarding the court-appointed time. The existing court orders, issued in early 2022, do not restrict overseas travel and require a notice period for overseas trips. Despite meeting these requirements and attempting communication, the client has received no response from the ex-partner. The children are upset as the trip aligns with their personal goals. The client has prepared evidence of communication attempts and is concerned about the ex-partner not handing over the passports.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my legal options if my ex-partner refuses to consent to the overseas travel during her court-appointed time?
If your ex-partner refuses to consent to overseas travel during her court-appointed time, you can seek a specific issues order from the Family Court of Australia. This order addresses disputes about parental responsibilities, including travel. It’s important to demonstrate that the travel is in the children's best interests and that you have fulfilled any notice requirements. Ensure your documentation is comprehensive, including your attempts to communicate and relevant evidence supporting the benefits of travel for the children.
Can the existing court orders be varied to accommodate my travel plans with the children?
Yes, the existing court orders can potentially be varied to accommodate your travel plans. You would need to apply for a variation of the parenting orders in the Family Court of Australia. The court will consider if the proposed variation is in the best interests of the children, including the importance of maintaining a relationship with both parents.
What are the potential consequences if I proceed with the travel without my ex-partner's consent?
If you proceed with overseas travel without your ex-partner's consent, you risk breaching existing parenting orders. Legal consequences may include contempt of court, which could result in penalties, including changes to custody arrangements. It’s crucial to adhere to court orders and seek legal resolution to modify arrangements if needed.
How do I apply for a specific issues order to resolve this travel dispute?
To apply for a specific issues order regarding the travel dispute, file an application in the Federal Circuit and Family Court of Australia. Include a detailed affidavit outlining your reasons and evidence, such as communication records. It may be beneficial to consult a solicitor to assist with the application.
What evidence or documentation should I prepare to support my application to the court?
To support your application, prepare communication records with your ex-partner, copies of the current court orders, a travel itinerary, documentation of the children's interests in travel, and any relevant affidavits from third parties.
