International Parenting Matters
What to do if your former partner wants to take your children overseas?
You may be concerned that this will occur, especially if your former partner was originally from another country and has family there.
If you have reason to believe that your former partner will remove your children from Australia, then you can apply to the Court to have their name put on the Family Law Watchlist, which will prevent your child from being able to leave the country without the permission of the Court. The Australian Federal Police will be notified of any attempts to take the children out of the country.
If your former partner then applies to the Court for permission to take your child out of the country, the Court will look at the circumstances of the travel and either allow or oppose the travel. If the Court finds that there is a real risk that the child will not be returned then it may order an injunction, and your child’s name will be placed on the Watchlist to stop them leaving the country.
If you live in Australia and wish to seek access to a child who is overseas then you may need to apply for Orders in the country your child is living in. Sydney Divorce Lawyers can assist with this as we have many trusted international firms we have close relationships with.
I Want to Take my Children Out of the Country – Do I Need Permission?
You will need the permission of your former partner, or the Court, before you take the children overseas.
If your children live in Australia, and you or your partner take them out of the country in breach of Court orders, this is a breach of the Hague Convention on the Civil Aspects of International Child Abduction. This is also an offence under the Family Law Act.
The first thing to do is to try to negotiate with your former partner for permission to travel with the children. If you explain the reasons for the trip, the return date, and perhaps provide them with evidence that you have purchased return tickets, then they will be more likely to agree. We can assist with this process.
If they do not agree, then you will need to apply to the Court for permission. The Court will only allow the travel if it believes it is in the best interests of the child.
How can Sydney Divorce Lawyers assist?
Our firm has a special relationship with international family law firms. We are a member of Lawyers Associated Worldwide and IR Global, which allows us to build international connections and meet trusted firms overseas.
We are able to utilise these connections to assist you with your international parenting matter. This can be essential if your partner is threatening to take your child overseas, or you wish to re-locate overseas.