Practical Guide to Overcoming Consent Hurdles When the Other Parent Does Not Agree
Moving to a new country and wishing to bring your child to Australia can be a complicated process, especially if it is without the consent of the child’s other parent. In Australia, strict rules apply to address such scenarios, primarily to safeguard the child’s welfare. Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which seeks to protect children from international abduction by a parent.
What is the definition of a Child under Australian Law?
Under Australian migration law, a “dependent child” must be a dependent of an Australian citizen, a permanent resident (PR) or an eligible New Zealand citizen. Additionally, the child is considered dependent if they are:
Under 18 years of age; or
Between 18 and 23, and substantially reliant on their parents’ financial support; or
Over 23 and is incapable of working due to a physical or mental condition.
What are the Rules for Bringing a Child to Australia?
The sponsoring parent who wishes to bring the child from overseas to Australia should have full custody of the child.
If the sponsoring parent has shared custody with the child’s other parent, the other parent's written consent is required. This consent should detail the move and any arrangements regarding custody and visitation.
What If the Other Parent Does Not Agree?
If the other parent doesn’t agree to give consent for the child to relocate, there may be some ways to overcome the hurdle.
Propose reasonable arrangements with the other parent, such as allowing the child to keep in regular contact with the other parent during the trip or relocation.
In some cases, a court order may be necessary to allow the child to travel internationally, even if the other parent does not consent.
Related:
What are the Child Visa Options in Australia? | Family Migration Program
Can Children Over 18 Years Old Still Be Dependent on Your Visa?
What does “Member of Family Unit” mean? Can I add my family to my Australian Visa Application?
How Can Agape Henry Crux Help You?
Some parents assume they can never travel independently with their children overseas because the other parent does not consent. However, there are exceptions to this under the legislation. Speak with one of our Accredited Specialists in Immigration Law at Agape Henry Crux, Jason Ling, or Angela De Silva, who specialises in handling highly complex visa matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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