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Planning Overseas Travel with my ChildNovember, 2011 |
The holiday destination is chosen, the overseas family are expecting a visit from you and the children and the passports are all in order but there’s still one problem – the other parent has different views as to when the children should be travelling. Does this sound familiar?
Whether it be the age at which a child should travel, or the distance, or when, or for how long, these are all issues that need to be discussed and agreed upon before any hasty decisions to book airfares are made.
Parents may want to consider having the children’s passports retained in order to reach a compromise and reassure the other parent that sufficient notice of travelling will be given and that the children will only leave the country with their consent.
In a recent case, both parents were unable to agree on when the child should be able to travel overseas with the Father and whether the child’s passport should be held by the Mother or the Registry Manager of the Court.
The Facts:
- The Mother and Father had been married for 2 years and separated when their only child was 6 months old. The child was 4 years old at the time of the hearing.
- The Mother was from Hong Kong and she had family living there. The Father was from Sweden and had family that lived there. Both parents wanted to take the child overseas but had differing views as to when the child was old enough to travel.
- The Mother proposed that the child be allowed to travel with the Father when the child was aged 9. That position was then compromised to when the child was aged 7. The Father however, wanted the child to travel with him at age 5. The Father said that he was willing for the child to travel and spend time with the Mother in Hong Kong.
- The Independent Children’s Lawyer supported the Father’s proposal, as at age 5 the child would be in kindergarten and it would be less disruptive for him than in his first year of school.
- The Mother opposed the Father’s proposal as she believed the child would not be able to sleep due to the north of Sweden having up to 24 hour daylight in the summer. She also said the trip to Sweden was too long for a child aged 5.
- The Father said it was important that the child travel to Sweden soon, as the Father’s mother was old and he wanted the child to spend time with his family.
- The Mother sought to retain the child’s passport however, the Father wanted the passport to be held with the Registry Manager at the Court and to only be released to either parent upon the Court receiving written consent from both parents.
Court Found:
- The long Swedish days or the length of the trip were not reasons for the child not to travel to Sweden.
- 4 weeks would be a long time for the child to be away from the Mother, his primary carer.
Court Order:
- That the child be allowed to travel up to 4 weeks with the Father to Sweden, when he is aged 6.
- The child be allowed to travel with the Mother from the present, on the conditions proposed by the Father.
- The Registry Manager hold the child’s passport and only release it to either parent upon receiving written consent from both parents. The passport must be returned to the Court within 7 days of the child arriving back in the country.
Disclaimer
The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances because the application of laws and regulations undergo frequent changes. For further information, please do not hesitate to contact Michael Lynch Family Lawyers on law@mlynch.com.au.