Interstate travel with children after separation can be tricky to navigate. If your ex is not agreeable to them travelling interstate, it can create more tension in your co-parenting relationship.
However, allowing kids to travel interstate with family, friends or on school trips, can be amazing experiences so here’s what you need to know about interstate travel with children after separation.
Can I Travel Interstate with My Children After Separation?
If there is a parenting order or parenting plan in place, it is imperative that you first check its conditions to ensure that you comply with it before travelling interstate.
If you do not have a current parenting order or parenting plan, there is nothing necessarily stopping you from travelling intestate. However, it is usually a good idea to consult the other parent, or obtain advice, before travelling.
If you’re unsure of whether your parenting order or parenting plan allows your children to travel interstate with you, it is highly advisable to consult a family lawyer to review this for you.
Does My Ex Have to Consent to Our Children Travelling Interstate?
This will depend on what parenting arrangements you have agreed with your ex and if there is a parenting plan or parenting order in place.
However, it’s common courtesy to inform your ex of your plans to travel out of state.
What Happens If My Ex Does Not Want to Let Our Children Travel Interstate?
Your ex may not allow the children travel interstate, if he/she believes that you’ll be contravening a certain provision of a parenting order or if it infringes their rights, for example, if your trip is planned during a time that the children would ordinarily be spending with them.
The sensible approach in this case would be to first try to reach an amicable agreement with your ex. Failing that you could attempt to reach a formal agreement using family mediation.
Can Children Travel Interstate If There Is a Court Order in Place?
If no conditions of a parenting order or parenting plan are breached, children can travel interstate.
Such conditions may include:
- When they may travel
- How long they may be away for
- Where and with whom the children will be staying
You may be required to provide a detailed itinerary to your ex, including flights times and return flight confirmation, an address and contact numbers for both you and the children while you’re away.
It is advisable to carry a certified copy of any parenting order or parenting plan in case you’re asked for it during your travels.
What About Moving Interstate – Not Just Travelling for A Holiday?
Moving interstate is totally different to just travelling for a holiday and laws apply even if there is no parenting order in place.
If you share parenting responsibilities with your ex, you’ll need their formal consent to move the children interstate or even within a state, especially if the distance affects the children’ rights to have a meaningful relationship with both parents.
Ideally, you should seek to obtain your ex’s consent before moving with your children interstate.
If you’re unable to agree on the move, family mediation can help you work things out, and failing that, apply to the Court for a decision by a Judge. The Court will consider whether the move is in the best interests of the children. The parent who wants to move would apply for a relocation order through the Family Court.
Family law can be fairly complex to navigate, so professional legal advice from a trusted family lawyer is certainly recommended.
What Do I Do If My Children Have Travelled Interstate Without My Permission?
If your children have been taken interstate without your permission, and a parenting order or plan has been breached by this act, you should contact the police immediately.
If this has affected your ability to continue a meaningful relationship with your children, you can apply to the Court for a recovery order to have them returned. You may need to go through the family dispute resolution process before taking the matter to Court. In any case involving children being relocated without the permission of both parents, we highly recommend consulting with a family lawyer who can assess what your options are.
You can find out more about recovery orders here.
Want to speak to one of our trusted family lawyers in Perth about interstate travel with children after separation?
Book your 15-minute free information call with Hickman Family Lawyers now!
