My ex wants to take our child overseas, can they do that without my permission?
If you still have day-to-day care or contact arrangements with your child, your ex cannot take your child overseas unless you agree to it.
If you think your ex is taking your child overseas without your permission, you can ask the Family Court or a higher Court for an Order Preventing Removal.
You’ll need a lawyer for this, and you may be able to get legal aid for it.
If you know that your child will be taken out of the country very soon, you will need to let your lawyer know and tell them how urgent it is so they can ask for an emergency hearing if it is necessary.
You should start this process as soon as possible, as it will be harder to ask them to return once they’re out of the country.
If the Order is granted, the Court may:
- Place the child with a suitable person until the case can be dealt with,
- Order that the child’s passport be handed over to the authorities,
- Order that the other parent hand over their travel documents.
You can also ask for a border alert which alerts Customs officers and stops the child from leaving the country.