Unauthorised Holiday Disputes
The client is facing a situation where the other parent of their child is taking their daughter on holiday without obtaining prior consent, which often occurs just before the new school term begins. This legal matter pertains to child custody and parental rights under family law. The client is seeking further guidance on how to address the issue effectively.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take if the other parent continues to take our daughter on holiday without my permission?
If the other parent takes your daughter on holiday without your permission, you may apply to the Family Court for a Specific Issue Order under the relevant children legislation. This order can clarify holiday arrangements and ensure decisions align with the child's best interest. If the other parent is not adhering to existing agreements, you could also apply for a Prohibited Steps Order to prevent them from taking the child abroad without your consent. Documenting instances of unauthorized trips and their impact on your child's daily life is advisable. Consulting a family law solicitor can provide clarity on your options.
Do I have the right to be consulted or to give consent before our daughter is taken on holiday, and how can I enforce this?
In Australia, both parents with parental responsibility have the right to be consulted and to give consent before a child is taken abroad on holiday. If the other parent is taking your daughter on holiday without your agreement, they may be breaching the law. To enforce your rights, you could seek a specific issue order from the family court, addressing the need for mutual consent on holiday arrangements.
What impact might these unauthorized holidays have on our daughter's schooling, and could this affect any custody arrangements?
Unauthorized holidays, especially during school term, can negatively affect your daughter's education by causing her to miss lessons and disrupt her learning. These absences could be seen unfavorably by the court when evaluating custody arrangements, particularly if they compromise the child’s best interests.
Can the court issue an order to prevent the other parent from taking our daughter on holiday without my consent in the future?
Yes, the court can issue a Prohibited Steps Order (PSO) to prevent the other parent from taking your daughter on holiday without your consent. To obtain a PSO, you must demonstrate to the court how this measure is necessary for your child's welfare.
