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Preventing a child leaving Australia

Family Law, Divorce Lawyer, Property Settlement, Child Custody, Defacto Law

If you are concerned that the other parent may take your child or children out of Australia without your consent or permission, it is important that you seek legal advice without delay.

There are certain times when it is an offence to take your children out of Australia. These include times when:

• there is a Court Order that relates to where the children will live; or
• where a Court is in the process of deciding about parenting issues.

Steps may need to be taken to have a child or children put on the Airport Watch List by the Australian Federal Police to prevent a child or children leaving Australia. If the other parent has already taken your child or children overseas, you may need advice on a Recovery Order and the Hague Convention.

This is a complex area of law and action often needs to be taken very quickly. In these situations you should obtain urgent legal advice.

If you wish to take a child or children overseas on a holiday and the other parent has refused permission, you can apply to the Court for an Order allowing you to leave the country with the children. The Court may put some conditions on such an Order.