Getting my divorce settled

Can Separated Families Travel Overseas?

When two parents apply for a divorce, they know that the procedure can be rather difficult and may involve a certain amount of negotiation between both parties. Often, these matters will have to go in front of a family court, and certain orders may be made by the judge to ensure that the kids are well cared for in the months and years ahead. It's always a good idea to pay attention to detail at this stage to avoid any confusion in the future, and this is especially the case when it comes to potential overseas travel. Why should this be addressed as early as possible?

Going Overseas

Sometimes, one of the parents may have family or other ties in a foreign country. They may want to take the child with them when they travel abroad, but this is not a straightforward procedure, and they will typically need to get permission.

Impact on the Child

If there is still some bad feeling between the two parents, then the non-travelling individual may have a lot to say about this idea. If the trip is scheduled to be a rather long one, they may be worried about the welfare of the child. They may argue that their son or daughter may miss them if they are away for such a long time.

Failure to Return

If the relationship is very fractious, then they may question whether the other parent will return at all, as this is not unheard of. The travelling parent may have plans to disappear in the other country, especially if they have close ties to that community.

Getting Permission

For this reason, the travelling party should apply to a family court as early as possible so that they can get the necessary permission to make the trip without question. The court will want to know full details and will want to ensure that the person will return with the child following the trip. They may ask the individual to lodge a sizeable bond or give security against an asset such as a property. If they fail to return, then this security will be released to the other parent so that they have the financial funds to pursue the other parent in court.

Checking the Detail

In an ideal world, provisions for travel should be contained within any parenting orders when the dispute is finalised. If you're unsure whether this is the case or if you need to get further clarification, bring in a family lawyer to start the process.