Planning a holiday for yourself and your kids can be fun and exciting – but it can also be illegal if you haven’t obtained the consent of your ex-partner.

Whether it’s a quick long weekend getaway to Bali or an entire summer in Europe, legally you cannot take your children out of the State without consent of the other parent. If there are proceedings in the Family Court, it would constitute an offence under the Family Law Act and you risk being stopped by immigration at the airport and denied permission to board flights, and in rare cases, imprisonment.

Obtaining Consent

Of course, family law disputes aren’t always simple. Your ex-partner might choose to unreasonably withhold consent, they might not be contactable, or there might be urgent circumstances that necessitate the travel. In these circumstances you can apply to the Court for permission to take your children overseas. Applying to the Court for permission to travel can take time. You should always consult a lawyer and plan ahead when making international travel plans whilst Family Court proceedings are on foot.

Please note that the above information does not constitute legal advice and every case turns on its own unique facts. If you would like to obtain legal advice about family law matters, please contact Kavanagh Lawyers on 08 6557 5888 or email reception@kavlaw.com.au.