Provided there are no parenting orders in place or pending, to prevent it, a child can leave the country with one parent without the written consent of the other parent.

 

In most cases, it is wise to let the other parent know about the planned travel and seek their consent in advance of making your bookings. And, it is arguably, the right thing to do. Put yourself in the other parent's shoes. If that was you, would you like to be consulted and informed of the whereabouts of your child?

There is an element of risk in terms of the backlash from the Family Court judgements to leave without the permission of the other parent. It's generally not viewed if parenting matters proceed to court. Also, you may find yourself on the receiving end of an urgent recovery order if the other parent chooses to pursue that avenue. 

Consider why you are not seeking the consent of the other parent. Do they have reasonable concerns about the well-being of the children? Is the conflict created between parents by taking the trip without consent or ignoring their wishes in the best interests of your children?

 

Documents required for travelling

Children travelling alone, with a guardian or with one or both parents can leave Australia with just their passport and the appropriate visa for their destination. No additional documentation is required.

However, many foreign countries require additional specific documentation to be carried by children travelling alone, with a guardian or with one parent.

South Africa, for one, recently changed their travel requirements and now require all minors (children under the age of 18 years) will be required to produce, in addition to their passport, an Unabridged Birth Certificate (showing the particulars of both parents) when exiting and entering South African ports of entry. 

Check the entry requirements for children before travelling by contacting the embassy, high commission or consulate of the country you plan to visit.

 

In addition to a passport

In addition to a valid passport and the appropriate entry visa, the sorts of documents required for a child to enter, travel in or depart another country may include:

• documentary evidence or a notarized letter that proves the child has the permission of an absent lawful parent or guardian to travel (a notary is a person who has been authorised by the courts to attest to the authenticity of documents and signatures)

• a copy of any separation, divorce or custody decree that proves that you have custody of the child

• a court order granting you guardianship of the child

• adoption papers if the child is adopted

• a certified copy of the child’s birth certificate, particularly if only one parent’s name appears on the birth certificate and the child is travelling with the other parent.

Most airlines have rules regarding unaccompanied minors. Children under the age of 15 who are travelling alone are generally regarded as unaccompanied minors. In most cases, parents or guardians will need to fill out a permission form for the child’s travel. For further information, including on in-flight protocols for unaccompanied minors, contact your airline.

If only one parent is travelling with the child, it is strongly recommended to have a proof of consent to travel from the other parent or guardian. You may never be asked to show that letter but it can happen and can cause significant delays and costs if you are unable to produce consent.

The potential for child abduction is taken very seriously in many countries.

You may need a letter for each country or a letter that outlines the itinerary.

 

SOURCE:  DFAT Department of Foreign Affairs and Trade

 

More useful reading:

Ex won't sign passport application for your child: What are your options?

Help! How do I stop my ex taking my kids overseas?

At what age can a child decide who they live with?

7 Ways parents can help children cope with separation and divorce

Relocating to another state with your child after divorce: steps you can take

Mother's who deny fathers access to children could be jailed

 

Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach