Holidays & Care Arrangements - 4 Questions you must ask

Holidays & Care Arrangements - 4 Questions you must ask

With border restrictions easing and holidays back on the cards, many Australians are getting excited about travel again. But for those who share care of their children with their ex-partner, holidays can be tricky to navigate. So, what can you do to make sure you can enjoy a family holiday while adhering to your care arrangements and avoiding stressful situations with your ex?

How can care arrangements be made for an impending holiday?

Parents who already have care arrangements usually don’t have problems fitting travel in during the time their children spend with them. If there are formal care arrangements you must ensure that you comply with any requirements to provide notice or details about the travel plans to the other parent.  If there are no formal arrangements in place the travelling parent should provide the other party with an itinerary outlining the travel plan and contact details during the time the children are away.

Does the travelling parent need the other parent’s permission to travel with the children?

If you have a Parenting Plan or there are Court Orders you must comply with any requirements in the Plan or Orders about obtaining the other parent’s permission for travel.  If there are no formal care arrangements it would be prudent to inform the other party about any travel plans in advance.

Can one parent apply for a passport for their children?

If there are no Orders in place, both parents must sign the child’s Passport Application.  If there are Orders in place, each person who has parental responsibility must consent to the Application, unless the Orders permit one person to sign the Application. 

Do the same rules apply to relocation as they do to travel?

No, if one parent wishes to relocate with their children and the other parent consents to the relocation, the parties should formalise the agreement in writing.

If an agreement cannot be reached between the parties at mediation but a parent wants to pursue the relocation they can apply to the Court to seek an order permitting the proposed relocation.

If you are separated and you want to take your child on a holiday or relocate to another city, state or country and you are concerned about how it might affect your custody arrangements, please contact our experienced family lawyers on 4052 0790.

About the author...

Sheree Ellwood

Whilst Sheree's primary interest is family law, she has experience across a range of legal matters.  Despite preferring a mediated approach to family law, Sheree also represents clients in both the Federal Circuit Court of Australia and the Family Court of Australia. She is able to provide advice on all aspects of family law matters, including: pre-nuptial and cohabitati...

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