Interstate Travel with Children After Separation: What You Need to Know

Family Law

2 Apr

When a relationship breaks down, one of the most common questions parents ask is: can I take my children on a trip interstate? Whether it is a family holiday, a visit to grandparents in another state, or a planned relocation, the answer depends on your specific situation — and getting it wrong can have serious legal consequences.

At R&G Law Group, we advise separated parents in Brisbane and Queensland on parenting arrangements, travel consent, and relocation matters every day. This article explains the key legal framework you need to understand before booking that flight.

Are There Existing Parenting Orders?

The first question is whether there are existing parenting orders — either made by consent or by a court — that govern your children's living and travel arrangements.

If parenting orders are in place, you must comply with them strictly. Taking a child interstate without the other parent's consent — or contrary to what the orders say — can constitute a breach of a court order and, in serious cases, may amount to parental abduction under Australian law.

If your orders do not specifically address interstate travel, you should seek the other parent's written agreement before travelling. If they refuse unreasonably, you may need to apply to the court for a specific issues order.

What If There Are No Parenting Orders?

If there are no parenting orders in place, both parents generally share parental responsibility equally under the Family Law Act 1975 (Cth). This means major long-term decisions about the child — including significant travel — should ideally be made jointly.

For a short holiday that is clearly in the child's interests, many parents reach informal agreement without any issue. However, if the other parent objects or if there is any concern the child will not be returned, the situation becomes legally more complex.

In high-conflict situations, a parent may apply for a 'location order' or 'recovery order' if a child is taken without consent and not returned.

Domestic Travel vs. International Travel

It is important to distinguish between interstate (domestic) and international travel:

• Interstate travel: Generally does not require a passport or formal consent documentation, but you should still have the other parent's agreement, especially if it interferes with their time with the child.

• International travel: Requires a valid passport for the child. If one parent holds the child's passport and refuses to hand it over, the other parent cannot travel internationally. DFAT requires consent from both parents to issue a child's passport. If you have concerns about a child being taken overseas without your consent, you can apply to have the child's name placed on the Family Law Watchlist with the Australian Border Force.

Relocation: A Different Legal Issue

Short-term travel is very different from relocation — where one parent wishes to move with the child to another state on a permanent or long-term basis. Relocation is a significant parenting issue that almost always requires either:

• The written agreement of the other parent; or

• A court order permitting the relocation.

Courts considering relocation applications will weigh a range of factors, including the reason for the proposed move, the impact on the child's relationship with the other parent, and the child's own wishes depending on their age and maturity.

If you are thinking about relocating interstate with your children, we strongly recommend seeking legal advice before making any plans or commitments.

Tips for Separated Parents Travelling Interstate

• Keep the other parent informed of travel dates, destinations, and accommodation.

• Carry a copy of any existing parenting orders when travelling.

• Get written consent from the other parent if the orders do not address your travel, even for short trips.

• If you anticipate the other parent refusing, seek legal advice early rather than after the dispute escalates.

• Do not take the child out of their usual routine in a way that denies the other parent their time without agreement.

This article is general information only and does not constitute legal advice. Family law matters are fact-specific. Please contact R&G Law Group for advice tailored to your circumstances.

Speak to a Family Lawyer in Brisbane

R&G Law Group is a boutique family law firm based in Brisbane, offering bilingual legal services in English and Mandarin. Whether you need advice on parenting arrangements, interstate travel, or a relocation application, our team is here to help.

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