Travelling overseas, do I need consent?
Once a parenting application has been filed with the Court (even if no Orders have yet been made) or while a Parenting Order is in force, it is a criminal offence to take a child outside of Australia except with the written (and properly witnessed) consent of the other parent allowing the travel. The maximum penalty for taking a child out of Australia without that consent or a court order, is three years’ imprisonment.
The government is currently considering legislation which will further extend this section to make it an offence to not only take the child out of Australia without consent, but a further offence to then retain the child outside of Australia. The proposed maximum penalty, will again be three years’ imprisonment.