Separated Parents Taking Child Abroad

After divorce, many parents may be wondering if their ex can take their child overseas.

Divorced parents usually share custody and decision-making for their children. So, both parents should agree when planning to travel abroad with the kids.

If a parent plans to take the children overseas, even for a brief trip, they should inform the other parent well.

Some people may worry that their ex-partner could take their children overseas and not bring them back. According to Section 65Y of the Family Law Act, parents can refuse consent and stop their children from travelling abroad.

can i stop my ex taking my child abroad

What Happens if One Parent Takes a Child Out of the Country

If your child is taken overseas without your consent, you may be able to have them returned to Australia under the Hague Convention.

The Hague Convention is a multilateral treaty, finalised in 1980, that provides a process for parents to use when they are seeking the return of their children to their home country.

The Convention is purely about determining the jurisdiction in which issues of residence and custody of the child should be resolved.

If your ex-partner takes your children overseas without your consent, or even your knowledge, and refuses to return with them, this becomes international child abduction.

You will no longer be thinking ‘can I stop my ex taking my child abroad’- because it has already happened.

By making an application under the Hague Convention, you can secure your child’s return to Australia.

If you are concerned that your child is at immediate risk of abduction, call 000.

How to Stop Children Leaving Australia

If you’re wondering whether you can prevent your ex from taking your child abroad, the answer is yes, you can.

Don’t Sign a Passport

One way to stop your ex from taking your child abroad is to refuse to sign the child’s passport application.

By law, both parents must sign a child’s passport application, giving consent to the travel document being issued.

If your child does not have a valid passport, you can prevent them from travelling overseas by refusing to sign the child passport application.

You can lodge a Child Alert Request with the Australian Passport Office.

A Child Alert Request will notify the Department of Foreign Affairs and Trade that you have not given consent to a passport being issued to your child and that there are circumstances to be considered before they decide to issue a passport to the child.

However, if your child is entitled to a passport under the Australian Passports Act 2005, a Child Alert is not a guarantee that they will not be able to obtain a passport.

A Child Alert remains in effect for 12 months.

Only a person with parental responsibility for the child can lodge a Child Alert Request.

You may also make an application to the court seeking an injunction that prevents the child from being issued a passport. You will need to include reasons as to why you believe your child should not have a passport.

A Child Alert Request only covers Australian passports.

Learn what steps you can take next

Add Your Child’s Name to The Family Law Watchlist

To prevent your ex from taking your child abroad, you can add their name to the Family Law Watchlist. This list is managed by the Australian Federal Police. However, getting your child on the list usually requires a court order. You’ll need to apply for a Passenger Analysis Clear and Evaluation (PACE) System Alert through the court.

In your application, you can request either a complete ban on travel or limit travel under certain conditions, like needing both parents’ agreement. You can also ask to restrict travel to specific countries covered by agreements like the Hague Convention.

If you believe your child might be taken out of the country soon, you can request urgent court action to get them on the PACE system. Once the court orders restrictions, you can submit a Family Law Watchlist request to the Australian Federal Police.

Once your child’s name is on the Family Law Watchlist, the police will prevent them from leaving Australia from any international departure point, whether it’s an airport or seaport. Normally, a child’s name stays on the list for two to three years, but in some cases, it might be until they turn 18.

This alert is issued against the child, not the parent or anyone they’re travelling with. So, regardless of who they’re with, the police will stop them from leaving Australia if their name is on the list.