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Travelling or Moving Internationally or Domestically? What to consider including in your parenting orders or family law agreement to make it work for you and your family.

Author
Laura & Lyn
Published
Wed 09 Nov 2022
Episode Link
https://www.thedivorcecourse.com.au/

If you’ve got a question about travel or moving and custody this is the episode for you. What are the rules when it comes to overseas and interstate travel and co-parenting and custody?  What should you be looking to include in your parenting agreement or consent orders when it comes to the children’s passports, international travel and holidays? In this episode we discuss the general rules and what you should consider before finalising your agreement or consent orders. Also we explore what the Family Court usually rules when it comes to overseas and interstate issues. Find out what happens if one co parent decides to move interstate or overseas away from the children but still wants to see them regularly. If you are about to make an agreement with your co parent make sure you listen to this episode too. General information only, always seek your own legal advice as each situation is different. 

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Links mentioned in this episode

High Court Case MRR V GR 

Hague Convention

 

You Don’t Want to Miss Out On

  • What happens if your co parent takes the passports?
  • What happens if your co parent tries to take your children overseas without your permission or a court order. 
  • What is a PACE alert and how does it stop your children being taken overseas?
  • Why do people include the Hague convention in their parenting agreement or consent orders?
  • What is the Hague Convention?
  • How do you arrange passports for the kids with your co parent?
  • How much notice should a co parent have before taking kids overseas?
  • What is a reasonable amount of time to take the kids overseas?
  • How you can use the smart traveller government website in your consent orders 
  • How often do co parents end up in court over overseas holiday travel arrangements 
  • Can you co parent take your child interstate without telling the other parent?
  • What happens if a parent wants to move overseas with the child?
  • How the court decides what is in the best interest of the child for overseas and interstate living with arrangements.
  • What happens to custody arrangements if your co parent gets an interstate job and they have to move?
  • How can you create parenting orders that accommodate one parent travelling overseas or interstate all the time?
  • How can you create a parenting agreement that accommodates a parent moving to another state?
  • How do you stop the other parent from withholding the children from you in another state or country?
  • Can the court make an order to bring back a child from overseas or from another state?
  • Can you be forced to live within a certain radius in parenting court orders?
  • What happens if the other parent moves a long drive away and handover becomes problematic?
  • Things to consider when moving interstate that may affect your child custody arrangements?
  • What is the High Court Case Mrr Gr - Roses Case and how does it affect interstate moving and child custody arrangement decisions?
  • Do you need to notify the co parent if you are going interstate for a holiday in Australia?
  • What if your co parent wants to take the children to a non Hague convention country?

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Please note this is general advice only. Please always seek independent legal advice as everyone’s situation is different. 

 

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