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Peninsula Kids
Home»Spotlight»Legal tips for travelling with kids
Spotlight

Legal tips for travelling with kids

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when parents are divorced or separated

By Breanna Deakes

the school holiday periods are both a wonderful and difficult time for families. For those parents who work, annual leave can be an issue. For those struggling with separation and/or divorce the holiday periods can be troubling and triggering. Many families will take advantage of the break and want to travel. So how does this all work when you are separated or divorced? Well, that depends on many factors.

If you have Court Orders or a Parenting Plan

If you have Court Orders for parenting in force, those will need to be followed unless any changes are agreed between you and the other parent. The same applies for Parenting Plans. Parenting Plans, while not legally enforceable, should be followed unless otherwise agreed.

If you want to deviate from your Court Orders or Parenting Plan and there is no agreement from the other parent, you should consider obtaining legal advice. There can be serious consequences for non-compliance of a Court Order.

If there are no Court Orders or Parenting Plans

If you are separated or divorced and have not discussed parenting arrangements for Christmas, you should be aware that, each year the Parenting Order Application “cut off” date is by 4:00pm on the second Friday of November. This year it is Friday 10th November 2023. Applications filed after this date are not guaranteed to be heard before Christmas. You can seek to file an urgent application. However, because “Christmas is close, and we cannot agree,” is unlikely to be considered an urgent application and the usual urgent application considerations apply.

The other difficulty you face is that parties seeking to apply for parenting orders must attempt family dispute resolution (mediation) before filing an application unless an exemption applies.

This process can be slow, and usually a private family dispute resolution practitioner can assist you quicker.

There is no law or rule on how the arrangements for how the school holidays should operate. However, there are many ways families choose to do this. Each family is different and has different needs so you will need to come up with a mutually acceptable arrangement. A practice some families choose is that the children spend one week with one parent and the following week with the other parent.

At Christmas time, some parents choose to share between Christmas Eve and Christmas morning and Christmas afternoon until Boxing Day. This arrangement typically alternates each year.

It really depends on how the usual ‘spend time’ arrangements occur and what you consider works for your family on special occasions and school holidays. Always keep in mind the best interests of the children when making these arrangements.

Travelling with children

Again, if there is a parenting order which details how and when you can travel, this should be followed.  If you need to deviate from the order, then it must be agreed in writing by the other parent or by further Consent Order. We recommend any variations to Orders be agreed in writing, such as in a section 64D Parenting Plan that varies the existing Orders.

If there is no agreement, you should not travel. Any travel which has not been agreed could make you the subject of a recovery order (meaning the Federal Police will be directed to return the children to the other parent). If consent is being unreasonably withheld, you should obtain legal advice specific to your circumstances.


Breanna is an associate at Australian Family Lawyers which has expert advice on hand to explain the best way divorced and separated parents can successfully negotiate travel arrangements during the holiday season whether they’re travelling locally or internationally. Please contact us for advice specific to your circumstances.

www.australianfamilylawyers.com.au

Peninsula Kids – Autumn 2023

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Elmo’s Circus Dream, a dazzling new live stage spectacular making its world premiere at Caulfield Racecourse these upcoming July School Holidays from June 27th to August 3rd, 2025.

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Elmo’s Circus Dream, a dazzling new live stage spectacular making its world premiere at Caulfield Racecourse these upcoming July School Holidays from June 27th to August 3rd, 2025. Tickets and information: https://www.sesamestreetcircus.com.au/ #sesamestreetcircus @sesamestreetcircus @cavanaghpr
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❄️ Winter is here! And along with it, a fresh edition on Peninsula Kids magazine. Enjoy flipping through the pages that celebrate the season’s highlights so that you can make the most of the frostier months with your loved ones. 🥰 🌬️ Link to read in bio ———————————————————————————— #peninsulakids #peninsulakidsmagazine #winter #lovepeninsulakids #mpgrown #local #pregnnacyandbaby #creative #education #health #spotlight #recipes
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Grab your cameras and hot choccies! Neon Fields returns to glow up Frankston! When the sun goes down it is time to gather family and friends and venture into Neon Fields. Beauty Park will once again be transformed into a colourful fantasy world where you’re invited to interact and play among the lights during this free event! —————————————————————————— #southsidefestival #neonfields #frankston #beautypark #visitfrankston #whatson #whatsonthisweekend #thingstodo #freeevent #photoops #lovepeninsulakids @southsidefestivalfrankston
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In July, Associate Professor Andrew Kornberg, Senior Neurologist at The RCH Foundation, will embark on a remarkable solo flight around Australia to raise $4.5 million for life-changing treatments for children with rare and complex conditions. Called Fly for the Kids, this one-of-a-kind fundraiser will help establish dedicated spaces, resources, and specialist staff at the RCH, making advanced therapies — including revolutionary gene therapy — more accessible to sick children across Australia. Andrew’s journey will see him revisit patients whose lives have been transformed by advanced therapies, putting real faces and stories to the incredible impact of this innovation in paediatric healthcare. You can learn more about the campaign here: https://flyforthekids.org.au @rch.foundation
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Breast Cancer Trials, ANZ’s largest oncology research group, is holding a ‘matched giving day’ on Thursday, 8th May where – for 24 hours only, donations from the public will be matched dollar for dollar by a group of generous supporters. Every dollar raised will be doubled to help fund clinical breast cancer research. How can people get involved: Donate online at breastcancertrials.org.au/givingday (this will go live On Thursday 8th May) Donate by calling 1800 423 444 Follow Breast Cancer Trials on socials and share their own stories, thanks and memories of their mums and mother-figures. @breastcancertrials
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Today we received a gorgeous entry for our colouring in competition from a 75 year-old reader of Peninsula Kids magazine in the actual MAIL! 💌 This has made my day so much that I may have to pay the entrant a visit with a special prize for all their effort and for giving me a huge smile on a Monday! How’s that artwork?!?!?! 🤩 Have you sent your entry in? IG: Use Linktree in bio to download a copy. FB: check out pinned/featured post. 🧑‍🎨 @chocolate.grove —————————————————————————— #peninsulakids #peninsulakidsmagazine #colouringin #colouringincompetition #chocolate #chocolatehamper
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