VIC Refusing international travel?

[MP78]

Can one parent refuse permission and prevent the other from taking their child on an overseas holiday?

No parenting orders in place. Child has passport already and travelled regularly when parents were married. Travel within school holidays. Destination Bali. 10 days. Other parent seems to think they need to give permission and can prevent the trip if not given. No logical or rational reason, seemingly out of spite as things aren't amicable.

Departing parent happy to provide dates, itinerary copy of travel insurance, and the child willl be contactable ect. But providing these details only, not asking permission with the threat of being denied.

Does the refusing parent have any right, or legal recourse of preventing it?

 

[sammy01]

Who has posession of the passport?
Does the refusing parent have the right? nope. But they can make it difficult. especially IF they are the primary carer.

Have you asked why they're refusing so you can try to resolve their concerns?
If separation is recent and things are still a bit raw, then I reckon a trip to Darwin is a better idea.

 

[MP78]

Hi Sammy01
Departing parent has the passport. Divorced for a few years. Departing parent has 52% care percentage. No reason given from the refusing parent at all, appears to be out of sorts that the child knew about the trip before they did . (Trip is a year away, haven't even bought tickets yet. Departing parent would of course be told and given all details well in advance).

 

[sammy01]

are there court orders? If so what do they say?
Does the trip interfere with the other parent's time with the kid?

 

[MP78]

No court orders.
Whilst CSA have a care percentage in place, there is definitely no formalised care structure, and it's ever changing depending on both parents individual plans. Mostly without issue.
Can only speculate what the issue is because no logical or rational reason is given, even when asked.

 

[Louise4007]

Can one parent refuse permission and prevent the other from taking their child on an overseas holiday?

No parenting orders in place. Child has passport already and travelled regularly when parents were married. Travel within school holidays. Destination Bali. 10 days. Other parent seems to think they need to give permission and can prevent the trip if not given. No logical or rational reason, seemingly out of spite as things aren't amicable.

Departing parent happy to provide dates, itinerary copy of travel insurance, and the child willl be contactable ect. But providing these details only, not asking permission with the threat of being denied.

Does the refusing parent have any right, or legal recourse of preventing it?

 

[Louise4007]

Hi MP 78

Where there are no parenting orders in place, it is generally assumed that both parents are able to reach an amicable agreement between themselves about the time each spends with the child(ren) and the manner in which that time is spent.

If the refusing parent continues to bluntly oppose the idea of the child travelling overseas with the requesting parent, he/she may apply to the Family Court for a parenting order to prevent the child travelling overseas with the requesting parent. Prior to the matter being heard though, both parents will be compelled to undertake mediation in an attempt to resolve the matter amicably. Mediators act in a neutral, objective manner in determining the issues each party has and acts to help the parties resolve their concerns. A mediator does not make the final decision. Where mediation attempts fail, the matter may then proceed to court if the refusing parent wishes to proceed in that direction to refuse the child travelling overseas.

If this course is take, the refusing parent must prove that there is a risk that the proposed travel would not be in the best interests of the child; for example, a high risk exists that the child may be abducted, or otherwise harmed in some way and that travel overseas would not be in the child's best interests.

 

[Atticus]

No reason given from the refusing parent at all, appears to be out of sorts that the child knew about the trip before they did

Perhaps that's all it is & this is just a bit of posturing because of it.... It is usually good form to run a plan like this past the other parent before telling the kid about it.... Reason being if the other parent does have some objection the kid sees them as an ogre for not agreeing...... Not really fair

If the time away interferes with the other parents time , then running it by them first is not only right & proper but necessary..

 

[MP78]

Thank you all
This is what is so good about this forum - perspectives and insight from knowledgable people. Thank you