Can my Ex take our Child Interstate?

17 January 2023

Is it lawful for an ex partner to take your child interstate temporarily (e.g. for a holiday)?

The simple answer is; unless there is a Court Order in place prohibiting interstate travel altogether, or prohibiting interstate travel without consent, interstate travel is lawful.

Usually, where parents are co-parenting and a shared care arrangement is in place in respect of children, it is courteous, and good co-parenting to, well in advance (where possible):

1. obtain the other parent’s consent to the trip;

2. send the other parent an itinerary (e.g. a message with intended travel dates, destinations, copies of travel tickets, contact details whilst away and planned times of communication between children and the non-travelling parent).

If there is a Court Order in place which contains terms dealing with interstate travel, such terms should be complied with, except where there is a ‘reasonable excuse‘ for non-compliance, such as an emergency situation.

Leave a Reply

Your email address will not be published. Required fields are marked *

You might also like

Property Settlement – Common Myths

‘PROPERTY’ JUST MEANS THE HOUSE Completely untrue. ‘Property’, for the purposes of the Family Law Act, includes all assets, debts…

View Post

Property Settlement – What are you entitled to?

HOW DOES A COURT GAUGE PEOPLE’S ENTITLEMENTS? In determining what a person is entitled to in a family law property…

View Post

Family Law Property Settlements – The Basic

What is a Property Settlement? A ‘Property Settlement’ is simply the term used to describe the process of dividing the…

View Post

Book your free consultation now

Simply answer a few questions so our lawyers can provide you with advice that is personalised and relevant to your particular issue or enquiry. If you need urgent attention, please call 07 4426 8400