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Many clients ask the question: can I travel with my child into another state or territory in Australia without the knowledge and/or consent of the other parent?
The answer will depend on what your Order or Agreement says. In the absence of a formal agreement in place the answer is yes.
While technically there might be nothing “illegal” in travelling interstate without the other parent’s knowledge and/or consent, is it good “co-parenting”? In our view the answer would be no.
Communication is the key to maintaining a good co-parenting relationship with a separated parent. When considering taking a step such as interstate travel without communicating this to the other parent, you should put yourself in the other parents’ shoes. How would it make you feel if you became aware after the fact that your child had travelled to the other side of the country during holidays? Or even worse, what if something happens to the child while you are away? We are not suggesting that parents need to seek the other parent’s consent to travel interstate, however communicating that this is happening will help to maintain a good co-parenting relationship with the other parent.
If you are having trouble communicating or reaching an agreement regarding parenting matters, contact one of our experienced Family Lawyers today for an appointment.
About the author
Samantha Sticklan
Director
LLB, Acc. Spec (Fam. Law), Accredited Mediator NMAS, BA(Journ)
Samantha Sticklan commenced with Macrossan & Amiet in February 2018. Samantha grew up in Northern NSW, relocating to Brisbane to attend boarding school and later obtaining her law degree at Griffith University.
In 2004 Samantha relocated to Mackay to take up employment as an Articled Clerk. Samantha was previously employed by another local practice for 14 years, during which time she was successful in obtaining recognition as an Accredited Family Law Specialist by the Qld Law Society.
Samantha is a mother and wife, and when not working keeps her stress levels at bay by taking part in a variety of physical pursuits.
Samantha is an active member of the Mackay Community, currently volunteering with Artspace Mackay Foundation, the Mackay Community Legal Centre and the BMA Mackay Marina Run.
About Macrossan & Amiet Solicitors
For over 100 years, Macrossan & Amiet Solicitors has been a leading local law firm in Mackay, with offices in Proserpine and Cannonvale servicing the Whitsundays region. Our experienced solicitors provide professional legal services to individuals, families and businesses across regional Queensland.
Whether you need representation in court, assistance buying or selling property, or advice on protecting your assets, our Mackay lawyers are committed to achieving the best possible outcome for you.
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