Taking Your Child Out of the Country After Divorce: What You Need to Know

When you and your spouse get divorced, you may want to take your child on a trip or travel back to your home country. However, you need to be aware that if you do so without the other party’s consent, you may be subject to legal action.

In Australia, both parents have the right to maintain contact with their child. If one parent takes the child without the other parent’s permission, the other parent can apply to the court for a restraining order, which prohibits the parent from taking the child. A restraining order is a legal document issued by the court that forbids someone from doing something. In this case, the restraining order can prevent the parent from taking the child.

Therefore, if you are considering taking your child on a trip or back to your home country, it is essential to first consult with your spouse. If you cannot reach an agreement with your spouse, you should seek advice from a lawyer to understand your legal rights and obligations:

  • Be sure to communicate and obtain consent from your spouse.
  • Before you depart, prepare a written agreement that includes the custody arrangements for your child with your spouse.
  • Bring your child’s birth certificate and passport when you travel.
  • During your trip, maintain communication with your spouse and regularly update them on the child’s well-being.

By following these precautions, you can help ensure that both you and your spouse maintain a good relationship with your child and avoid legal repercussions.

If you have any legal questions regarding child custody, please contact us immediately. Our Family Lawyers will answer your legal questions and provide you with professional strategies to safeguard your rights.

*Disclaimer: The above content is provided as general legal knowledge and should not be taken as specific advice for your individual situation. The law is complex, and we strongly recommend consulting professional legal advice. Canaan Lawyers shall not be held liable for any loss or damage caused by the information contained or omitted in the above content.