Separated Families Encounter Problems When Travelling

Australian families travelling during the summer holidays can encounter certain difficulties if they have been affected by separation or divorce.

Sydney, Australia - January 6, 2019 /PressCable/ —

There are often problems when a parent wishes to travel overseas with their children while the children’s other parent – with whom they may also live or spend time and who may have parental responsibility – remains in Australia.

The latter parent has the right to refuse the travelling parent permission for the children to leave the country. They may also withhold their signature from a child’s passport application form.

“Australian family law has several mechanisms in place to help parents who either want to travel with their children or want to make sure their children won’t leave the country,” says Hayder Shkara, a family lawyer based in Sydney’s CBD.

“It’s quite common for children to not have a current passport, but without a court order saying otherwise, you’ll need both parents’ signatures on the application form.”

In such cases, the travelling parent can apply to the Family Court for an order to allow the child to travel internationally.

The Court has the authority to issue an order that requires the non-travelling parent to sign a passport application or an order stating that this parent’s signature is not in fact required.

A person wishing to stop a child from obtaining an Australian passport or from travelling outside of Australia may also apply for orders to that effect.

“Some parents will have genuine concerns about their ex-partner removing the children from Australia and maybe not coming back,” says Mr Shkara. “To help in these instances, Australia is a member of an international agreement called the Hague Convention.”

If a parent takes a child to one of the 83 countries that have signed the Hague Convention with Australia and refuses to return, the internationally enforceable Convention may require them to return to Australia where they will be subject to Australia’s jurisdiction.

About Justice Family Lawyers

Justice Family Lawyers is Sydney based and provides expert advice on all aspects of Australian family law. Legal assistance and representation on matters relating to divorce, family mediation, de facto relationships, domestic violence, separation, child custody, property settlement and going to court.

Contact Info:
Name: Mr Hayder Shkara
Organization: Justice Family Lawyers
Address: Level 2 255 Castlereagh St, Sydney, NSW 2000, Australia
Phone: +61-2-8089-3148
Website: https://justicefamilylawyers.com.au

Source: PressCable

Release ID: 466103