Travelling with children after separation

School holidays are often a time for travel, whether it is a short trip to see family or a long-awaited holiday. After separation, however, travelling with children is not always straightforward. 

If you are planning to travel internationally or interstate these school holidays, have you spoken with your co-parent about these arrangements even if the travel solely falls within your time? Will the children still be able to contact your co-parent or do you need to warn them that you are travelling to an area with poor service and alternative arrangements may need to be made. Will there be a change in time zone that will affect the expected time that the children speak with your co-parent by telephone?

If there are parenting orders in place, these should be your starting point. Some orders specifically deal with travel, including requirements to provide notice, share itineraries or obtain written consent. If orders are silent on travel, parents are still expected to consult each other on major long-term decisions affecting the children, which can include significant trips.

Overseas travel requires particular care. In most cases, a child cannot be issued a passport without the consent of both parents. Even where a passport has already been issued, travelling internationally without the other parent’s agreement can lead to serious legal consequences, including urgent court applications to prevent travel.

Disagreements about travel are not uncommon, particularly where there are concerns about safety, communication or the possibility that a child may not be returned. These situations can escalate quickly if not managed early.

Where possible, it is always best to raise travel plans well in advance. Providing clear details — including dates, accommodation and contact information — can help reassure the other parent and avoid unnecessary conflict. Keeping communication focused on the best interests of the children is key.

If agreement cannot be reached, legal advice should be sought as early as possible. There may be options available to resolve the issue without urgent court intervention, but timing is critical, particularly during busy holiday periods.

Planning ahead and understanding your obligations can help ensure that holiday travel remains an enjoyable experience for everyone involved, rather than a source of stress and dispute.

If you need advice on school holiday travel please contact Alison Neville to discuss these plans further.

“Liability limited by a Scheme approved under the Professional Standards Legislation. This article does not constitute legal advice and provides general information only.”