As a starting point, the Court accepts as a general proposition that children benefit from overseas travel. The opportunity to travel provides children not only with the benefit of a holiday with a parent but opportunities to enjoy other languages, cultural experiences and form connections and relationships with significant other family members.

Unless the Court can be convinced that there are risk factors involved with overseas travel, it is difficult for a parent to oppose such travel.

Risk factors commonly encountered include proposals for international travel to places which are considered by the Court to be unsafe to travel to or where the Court considers that there are risks that the travelling parent may not comply with orders to return to Australia with the child. There also may be cases where children with a medical condition may experience danger or risk with overseas travel.

Overseas travel proposals require to be handled in a forthright and transparent way with the parent to whom consent to travel with a child is sought. If you are considering overseas travel with your child and expect resistance from the other parent, careful and transparent planning is recommended. If you are experiencing issues in obtaining consent to travel with your child from the other parent or you are a parent who has concerns about your child travelling overseas, our team of specialist parenting lawyers will guide you through the process.