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Holiday travel

There may be orders preventing children from leaving a particular state or territory, even on holiday.

Interstate holiday travel

If you are in dispute about interstate holiday travel you should try to reach an agreement. A family dispute resolution service may be able to help. If you cannot agree you will need to apply to the court.

Do not break court orders unless the children are at immediate risk of serious harm. You may receive serious penalties or have the children removed from your care in the short term. They can be removed permanently in extreme situations. Contact the police and get legal advice if your or the children’s safety are at risk.

Overseas holiday travel

If you want to take the children overseas and the other parent disagrees, you have to apply to the court. A legal aid commission or family dispute resolution service may be able to help you to reach agreement.

If you think the other parent is being unreasonable and will not sign the passport application, you can apply to the court for the passport to be issued without the other parent’s consent.

The court may allow the children to travel if it believes it to be in the children’s best interests.

The court also considers the risk of the children not returning to Australia. It may impose conditions, such as payment of a security, to make sure that they come back.

More information

Family dispute resolution

Parenting orders

Related publications

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • free contravention workshops about how to prepare a contravention application and represent yourself if your former partner breaching (disobeying) court orders
  • legal advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.