Who does a parent ask for parental consent to travel overseas with children? Divorce often results in parental arrangements, especially for child turnovers. Usually, parental arrangements are made within the same country. However, other arrangements require a child to also travel overseas.
If you want to take your child overseas, you should try to reach an agreement with the other parent or legal guardian. It is important to communicate with the other parent and provide them with information about the trip. If the other parent agrees, you should obtain their consent in writing. Read on to learn more about parental consent to travel overseas.
Understanding the Law About Parental Responsibility
The Family Law Act 1975 is the primary legislation that governs family law matters in Australia. Under this Act, parents have equal shared parental responsibility for their children. What does this mean? This means that separated parents must consult with each other and make joint decisions about major long-term issues affecting their children’s lives. International travel is not an exception.
If only one parent wants to take their child overseas, they must obtain the other parent’s consent. What happens if the other parent does not give parental consent to travel overseas? If this is the case, the parent seeking to travel must apply to the family court for permission.
If the court grants permission, it will usually impose conditions on the travel. This may include requiring the parent to provide a return date and itinerary. There are also times when a parent may have sole parental responsibility over their child.
However, it’s important to note that this is not the same as “sole custody”. The other parent may still visit and have custody over the child but with strict supervision. A parent can only receive sole parental responsibility over a child in extreme circumstances. For instance, if a child suffered domestic violence and abuse.
Parental Consent to Travel Overseas: Child’s Best Interests
When it comes to parental consent to travel overseas with children, the child’s best interests play a crucial role. Section 60CC of the Family Law Act states that the court must consider the best interests of the child when making decisions about parenting arrangements. The court will consider a range of factors such as the:
- Child’s views and wishes (if they are old enough to express them)
- Nature of the relationship between the child and each parent
- Extent to which each parent has taken responsibility for the child’s care and upbringing
- Effect of any changes in the child’s circumstances. This includes the impact of the travel on the child’s education and other aspects of their life
- Practical difficulties and expenses of the child spending time with each parent. This includes the cost and practicalities of international travel.
What Is Parental Abduction?
Parental abduction is the act of a parent taking their child away from the other parent without their consent. It is a serious crime that can have a devastating impact on the child. There are two main types of parental abduction:
- International parental abduction: This is when a parent takes their child to a foreign country without the parental consent to travel overseas from the other parents
- Domestic parental abduction: This is when a parent takes their child to a different location within the same country without the consent of the other parent.
Parental abduction can be motivated by a number of factors, such as to:
- Prevent the other parent from seeing the child.
- Take the child to a country where the other parent cannot easily access them.
- Start a new life with the child.
- Punish the other parent.
Whatever the reason, parental abduction is a form of child abuse and a criminal offence. It can have a long-term impact on the child, including emotional trauma, anxiety, and depression. If you are the victim of parental abduction, there are a number of things you can do:
- Contact your local police and a family lawyer.
- Contact the Australian Federal Police (AFP) if the abduction is international. You can register your children on the Family Law Watchlist of the Australian Federal Police with a court order. Additionally, you can also submit a Child Alert Request with the Australia Passport Office
- Apply for a recovery order to return the child.
Click here to read an article about the Hague Convention. The Hague Convention is an international agreement between certain countries that covers the issue of international child abduction.
Tips on How to Seek Parental Consent to Travel Overseas
1. Communicate with the Other Parent
Initiate open and honest communication with the other parent about your travel plans. Are you sharing parental responsibility with them? Is the travel in the child’s best interests? You should also provide them with all the necessary information, such as the:
- Dates of travel
- Child’s passport
- Destination
- Purpose of the trip; and
- Any other relevant details
This shows that you are considering their input and seeking their parental consent to travel overseas.
2. Obtain Consent in Writing
It is important to obtain the other parent’s consent in writing. This can be done through a formal consent form or a letter of consent. The consent should clearly state that the other parent agrees to the child’s travel plans, including the dates and destination. Having written consent provides a record of agreement and can help avoid any misunderstandings or disputes later on.
Disputed parents may also use consent orders when obtaining parental consent to travel overseas. Consent orders are legally binding agreements that are made between parents which only the court may approve. They can be used to establish the terms of international travel with children, including the need for parental consent.
3. Notarise the Consent Form
Consider getting consent forms notarised. While notarisation is not always a legal requirement, it can add an extra layer of credibility and authenticity to the document. Notarisation can help establish the authority and credibility of your documentation, which may be useful when dealing with:
- Immigration officers
- Airline personnel; or
- Travel companies
4. Carry Legal Custody Documents
If you share parental responsibility for your child, it is advisable to carry copies of the legal documents with you when travelling. These documents can serve as proof of your legal responsibilities as a parent. They can also help address any questions or concerns that may arise during border crossings or while the child is abroad.
5. Consult With a Family Lawyer
If you anticipate difficulties in obtaining parental consent, it is wise to consult with a family lawyer. A family lawyer can:
- Provide legal guidance based on your specific circumstances
- Help you with the legal requirements and processes involved in seeking parental consent to travel overseas
- Seek negotiation with the other parent if possible
- Represent you in court if legal matters arise
Seeking Legal Advice About Travelling With Children
Family lawyers in JB Solicitors can provide the best legal advice for you about parental consent to travel overseas. Our lawyers can help you understand your rights and ensure your travel plans with your child complies with family laws.
We also have mediation and arbitration services if you are in dispute with the other parent. Send us a message today if you need legal advice about parental and child travel consent.