Parenting Orders and Christmas Travel

by | Nov 29, 2021 | Family Law

As the summer school holidays fast approach and Covid-19 restrictions ease many families will be planning to travel over the Christmas period.

For those parents who are co-parenting arranging travel is slightly more complicated and often requires earlier planning.

Parenting Orders and Agreements often include the following ‘standard’ provisions:

  • That each parent provide the other with Notice of their intention to travel (either overseas or interstate) with the child within a specified time frame prior to the travel. This is often referred to as a ‘notice period’.
  • There may also be a provision that requires parents to provide each other with notice of their intention to have the child for additional consecutive days over the school holidays.
  • That the parent traveling with the children provides the other parent with a copy of the child’s travel itinerary, the address of the accommodation and copies of all flight details.
  • That both parents must consent to the child obtaining/re-applying for a passport. If you and your ex have shared parental responsibility for the child then you will both be required to provide consent and sign any passport applications.
  • Many agreements often include a provision which specifies that parents are only allowed to travel to countries that are signatory to the Hague This treaty was developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted by a parent from one member country to another. This provides parents with peace of mind that if the other parent travels with the child without obtaining their consent that they will have recourse to have the child returned to Australia.

If you are a party to parenting Orders it is important that you review the Orders prior to making any travel plans so that you are fully aware of your rights and obligations. By following the requirements of the Orders you minimise the risk of your travel plans being rejected by the other parent or interfered with.

If you are in need of any advice regarding travel or school holiday arrangements or assistance interpreting your Court Orders or agreement please do not hesitate to contact our experienced and top family lawyers in Melbourne on (03) 9614 7111.