Overseas Travel Concerns
The individual is currently involved in family law proceedings and has an interim hearing scheduled in 2025. They wish to travel to a foreign country from early January for one week to address an urgent matter concerning an overseas property owned by their ex-partner’s family. The individual has not sought court permission to travel overseas and is concerned about how this might be perceived by the court, especially since their child is on an airport watchlist. They plan to leave the child with a relative during their absence. The individual has not previously traveled overseas during these proceedings and has not yet sought legal advice on the matter.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential legal ramifications if I travel overseas during ongoing family law proceedings without court permission?
Travelling overseas during ongoing family law proceedings without court permission could lead to several legal ramifications. The court might view your absence as disregarding its proceedings, which could negatively impact your case. If your child is on an airport watchlist, attempting to travel may trigger additional legal scrutiny or enforcement actions, potentially resulting in court sanctions or adverse orders. Moreover, leaving your child with a relative without proper arrangements might be used against you in parenting disputes. It is advisable to seek court permission to avoid these complications.
How can I apply for court permission to travel overseas during my family law proceedings, and what is the likelihood of obtaining such permission?
To apply for court permission to travel overseas during your family law proceedings, you need to file an application with the appropriate court. This application should include a supporting affidavit explaining the reasons for your travel and how you plan to address any concerns regarding your child's welfare during your absence. The likelihood of obtaining permission depends on demonstrating that your travel is necessary and won't risk the child's welfare.
Are there any specific conditions or obligations I need to fulfil before leaving the country to ensure compliance with my family law case?
Before leaving, ensure you address the following conditions and obligations: Obtain written consent from your ex-partner if applicable, or secure a court order permitting travel. You must provide a detailed itinerary to the court and any relevant parties and notify authorities about your travel plans.
Could my travel overseas be perceived negatively by the court, and how might it affect the outcome of my family law proceedings?
Your travel overseas could be perceived negatively by the court, particularly because your child is on an airport watchlist and you haven't obtained court permission. This could raise concerns about potential child abduction or non-compliance with parenting orders. To mitigate any negative perception, it's crucial to clearly demonstrate that your travel is urgent and necessary and does not conflict with your parenting responsibilities.
What documentation or evidence should I prepare to support my application for overseas travel during the family law proceedings?
To support your overseas travel application during family law proceedings, prepare relevant documentation, including an affidavit detailing the purpose of your travel, proof of urgency related to the overseas property, a plan for your child's care, and a return itinerary.
