The short answer is YES! Not just because there could be legal consequences if you don’t, but because it’s the right way to co-parent.
Of course, there will be some circumstances where that is not appropriate. This can include such cases where it may put your safety or the safety of the child at risk. In these situations, you should seek legal advice about your options before you book any travel.
In circumstances were there are Parenting Orders in place, you will be committing a criminal offence by removing the child from the country without the other parents’ consent. An order of the Court, however, gives you permission to leave the country. This is also the case if there are current parenting proceedings before the Court
Another consideration is the need to obtain a passport. Your first step must be to ask the other parent to sign the passport application. It is only if a parent neglects or refuses to sign the passport application you can ask the Court to make an order for the passport to issue.
If you have not endeavoured to take those steps or apply for an exemption through the passport office, then the Court will not consider your application.
If overseas travel is a consideration you should start the process at least six months before any intended travel.
This ensures enough time in case you require the Court’s intervention.
To learn more about arrangements for children following a separation, visit our Parenting Arrangement or speak with one of our experienced family lawyers today on 1300 246 529.
