7. Passports and Leaving the Country

Q. Can I leave Australia with my child(ren)?

A. It is an offence to remove a child from Australia without the consent of both parents or an Order of the Court if proceedings with respect to a child are pending or Orders concerning the child are currently in existence.

Q. What can I do if I fear that my husband/wife will remove the child(ren) from Australia?

A. Where there is a fear that one party will remove the child(ren) from Australia without the consent of the other, the Court can order passports to be impounded.

If no passports are current, a parent must either obtain the consent of the other party in writing or a Court Order dispensing with such consent prior to the passports being issued.