International travel with children is an exciting experience for your family. However, before taking the trip, you should be aware of the process when there are parenting orders in place (or proceedings for parenting orders pending), to avoid a potentially serious penalty.
Although you may only be going for a short time, you must not take the children out of Australia when there are orders (or proceedings are pending for the making of a parenting order) which provide for where a child is to live, who they should spend time with, communicate with, or which allocate parental responsibility for a child. The only time where international travel is allowed is where you have obtained written consent of the party in whose favour the Order is made, or a Court Order.
The consequences of breaching this section are severe and you could face 3 years imprisonment.
If you and your ex-partner have parenting orders or proceedings are currently on foot, be sure to seek legal advice as to whether or not you need to obtain the permission of the other party before booking your next overseas holiday.
If you are concerned that someone may take your children overseas without consent, you should read our article “Can I stop my ex taking my children overseas” here.