I want to travel overseas with kids – but my ex is saying no
International borders are finally open again. It seems like all your friends and work colleagues are posting family photos on social media from faraway places.
Maybe you have started googling Amalfi Coast or Bali private villa and look to dust off the children’s suitcases. Or you just want to go travel to allow your children time with family and loved ones who reside overseas …… but your ex is saying you can’t take the children. “It’s still too risky with COVID19”.
The team at Lagom Family Law is here to let you know that we might be able to assist you in your pursuit.
Firstly, yes, you need your ex’s permission to take your children on this long awaited holiday. However, your ex cannot unreasonably withhold consent to you travelling overseas if you have a reasonable proposal.
This is because under the Family Law Act, if the Court is satisfied that it is in the best interests of the children to travel overseas, then the Court will generally favour allowing overseas travel, should your matter go all the way to proceedings.
There are a number of steps you can take to ensure that all the correct planning and communication take place to satisfy any parent and important, any Judge.
Things like making sure that the children are not missing too much school or important events, ensuring that the children will be brought back to Australia and making sure the non-travelling parent is kept aware of all travel details and is offered appropriate make up time and communication.
So what could you do next?
1. Make them an offer they can’t refuse:
Put a proposal to them in writing. Include the details of the proposed travel, including dates of flights (including the flight home), proposed accommodation, how you propose the children contact them while abroad and a proposal for making up any time that is lost during the time overseas.
Ask them to respond, in writing within say 7 days with their written agreement, or ask them to highlight any areas of concern.
2. Seek advice urgently:
We highlighted above, if the Court is satisfied plans are in the children’s best interests, the Court generally favours travel.
If you have provided a reasonable proposal for the travel and your ex is still saying no, based on what you believe is simply them being unreasonable, seek advice and seek it sooner rather than later. A lawyer may be able to assist you by formally putting the proposal to your ex, or in the absence of agreement, seeking a Court Order permitting you to travel.
It should be noted that you can always seek advice and planning from a firm like Lagom Family Law, in confidence that you have complete control over what communications go to your ex and that if it’s your preference to seek professional advice but communicate the plans yourself, that is completely fine.
In other circumstances, if you ex is being unreasonable and you need help from the Court, we can also potentially help in making applications to the Court for your ex to contribute to the costs you’ve incurred as a result of them refusing to provide consent.
Also note that we have seen many delays in parents receiving consent for passport applications, along with extended periods for passport processing.
Should this be a concern, or you have time sensitive travel plans, ensure you seek advice early, because the Court system is busy and you may need to give yourself enough time plenty of time to prepare, file and have an Application heard by the Court in time for your travel.
So, if you are dreaming of taking your children overseas to meet loved ones, or just experience the world but your ex is being unreasonable book a time with us Lagom Family Law as soon as possible, so that we can advise you in your circumstances.
We have an outstanding and experienced team that will need take instructions on the nature of the nature of the relationships and those in your family and provide tailored advice can save you time and stress and importantly, help you understand how to take control and in a way that is recognised by the law.
You can book a Free Discovery Call here to find out more about the process and what you will need to prepare for or call us at the office on (02) 8379 1835.
We look forward to helping you book your flights sooner!
Author: Kalisha Martin, Senior Lawyer
Lagom is Swedish and means not too little, not too much, just right. This is our philosophy of practice as we aim to provide tailored advice specific for your individual needs - that’s just right for you!
Lagom Family Law is a boutique legal practice lead by Principal Lichee Hogland who strives to achieve the best possible outcome for her clients whilst being approachable and respectful.