Keeley & Ness  FCCA 644 is a recent Federal Circuit Court case concerning a mother’s application to relocate with her 7-year old son to Queensland, which was opposed by the father. The mother wanted to relocate as she was experiencing financial difficulties and had a lack of family and social support in Canberra.
People going through a separation are understandably under a lot of pressure; often financially and emotionally. It may seem tempting to reach out to others on social media for support or validation but there can be serious repercussions and unexpected consequences of doing so.
Things to remember...
It is advisable to obtain advice from a family lawyer if you are considering overseas travel with your children, and you have not formalised any parenting arrangements in relation to your children.
Invariably, it will depend on your circumstances whether it is advisable to either take your children overseas for a holiday, or to allow them to be taken overseas on a holiday by another person.
In some cases, it is a criminal offence to take children overseas.
After separation most parents are able to reach agreement about arrangements for their children, but for some it takes longer than others. Unless there are Court orders in place, both parents continue to have parental responsibility for their children after separation. This means that there is an obligation on both parents to consult with one another and to attempt to reach agreement about arrangements for their children.