In the context of travelling overseas with children, section 65Y and 65Z make it an offence punishable by up to 3 years imprisonment to remove a child from Australia without permission if parenting Orders have been made (that don’t allow such travel), or if there are parenting proceedings before the Court.
If you would like to undertake such travel, or the other parent wishes to travel with the children, you may try to reach agreement with the other parent to allow such travel, and it is not unusual to provide details in relation to the proposed destination/s, an itinerary, contact details for when travelling and when appropriate, copies of return tickets. You may also consider whether a restraint on travel to certain countries is required, having regard to any government travel information and any other risk issues.
If agreement cannot be reached between you and the other party, the Court has the power to make Orders allowing the travel on an interim and final basis. The Court will consider the best interests of the children in making a decision, or allow or refuse travel, and this may include balancing the risk that a parent may not return a child to Australia.
In urgent cases, a child may be listed on the Australian Federal Police’s Family Law Watchlist to prevent international travel, pending an Order of the Court.
Liability limited by a scheme approved under Professional Standards Legislation
