For some families, Christmas and school holidays are a time for travel and celebration. For separated parents, however, planning trips interstate or overseas can bring added stress and disagreement. Understanding your responsibilities before booking a trip helps avoid conflict and ensures children enjoy their holidays with minimal disruption.
Why Travel Can Create Challenges for Separated Parents
Holiday travel often means changes to usual routines. One parent may wish to travel during their time with the children, while the other may feel concerned about reduced contact or unclear arrangements. If plans are left to the last minute, disagreements can escalate quickly. This can create unnecessary pressure for both parents and children.
When Consent Is Required
Overseas Travel
If a child is travelling overseas, both parents must provide consent unless a court order allows travel without it. This applies in the following situations:
- Applying for or renewing a passport: The Australian Passport Office generally requires written consent from all parents or anyone with parental responsibility.
- Leaving Australia: Even where a valid passport has already been issued, a child cannot lawfully depart without appropriate consent or court permission. If there are concerns that a child may be taken overseas without consent, the Court can grant an injunction restraining international travel under section 68B of the Family Law Act 1975. That injunction may then be registered with the Australian Federal Police Family Law Watchlist, which alerts border authorities to prevent unauthorised departure from Australia.
Interstate Travel
Interstate travel generally does not require formal consent, unless parenting orders place restrictions or specify notice requirements. However, issues can arise if the trip overlaps with the other parent’s scheduled time with the child.
How Your Parenting Orders or Plan Apply to Travel
Many parenting arrangements contain rules around holidays and travel. These may include:
- Notice requirements before travel;
- Limits on overseas or interstate trips;
- Obligations to share flight or accommodation details; and
- Rules about who physically holds the child’s passport
It is important to review your parenting arrangements carefully before booking travel to ensure compliance. Failing to follow court orders can result in serious legal consequences.
If Consent Is Refused?
When one parent does not agree to international travel, the issue may be resolved through negotiation or mediation. If agreement cannot be reached and travel is urgent, a court application can be made seeking permission.
The Court will consider whether the trip is in the child’s best interests. Factors include the length and purpose of travel, safety and care arrangements, how the child will stay in contact with the other parent, and the child’s ties to both households.
Travel Preparation Checklist
To reduce stress and avoid last-minute issues, parents should ensure they have:
- A copy of parenting orders or the parenting plan;
- Written consent from the other parent (if required);
- Valid passports organised well in advance; and
- Travel itineraries and accommodation details shared with the other parent
Being prepared minimises issues and reduces anxiety for everyone involved.
Respecting the Other Parent’s Time
When planning a holiday, it is important to consider how travel arrangements may impact the child’s relationship with each parent. If a trip affects scheduled time, parents are encouraged to negotiate replacement time or adjust arrangements, so children continue to enjoy meaningful connections with both families.
Keeping Children’s Best Interests the Priority
Whenever holidays or travel are discussed, the focus must remain on what benefits the child — not adult convenience or conflict. With clear communication, careful planning, and respect for existing parenting arrangements, many potential issues can be avoided before they arise. Where challenges do occur, seeking guidance early can help parents reach practical solutions that support the best interests of their children and allow everyone to focus on making the most of the holiday period.
The information provided in this article is general advice only. Given that each situation is unique, we recommend that you contact our family law team if you would like to discuss your matter. Our team can be contacted on (03) 9311 8911.
