A One Stop Shop for Family Law in Australia
Separated or Divorced Parents often can't agree on:
One of the most common questions asked by a separated or divorced parent wanting to take their child overseas, is whether both parents have to sign a passport application for a child, and in cases where a passport has already been issued, what else is necessary from the other parent before you can travel overseas with your child.
If you have not been able to reach agreement on these issues either directly with the other parent or at mediation, then after you have attended mediation you can make an Application to the Court asking the Court to make the orders you want.
If you make an Application to the Court, you must also file an Affidavit.
An Affidavit is a statement of facts supporting your Application and should set out all relevant facts and circumstances.
You should put all of the facts you want to rely on and all of the facts you think will help your case in your Affidavit as well as attach copies of all relevant documents to your Affidavit.
To decide whether an Application should be granted, the Court will want to know:
Since a Court will want to know about all of these things, you should address each of those points in your Affidavit.
A Court Order will remain in place until the child turns 18 years unless the Court orders otherwise.
You can read more in our fact sheet about how to make an application to the court and obtaining a court order.
Other Questions answered in the Child Passports & Overseas Travel Section
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