Can a Parent Take a Child to Nepal After Separation in Australia?
Travel to Nepal for weddings, Dashain, Tihar, family visits or religious ceremonies is common for Nepali families in Australia. After separation, however, taking a child overseas can become a family-law issue, particularly where the other parent does not agree or court proceedings are already underway.
Do you need the other parent’s agreement?
If there are parenting orders or parenting proceedings, overseas travel must be considered carefully. The Federal Circuit and Family Court of Australia recommends obtaining agreement about international travel and passports where possible. If agreement cannot be reached, a parent can apply for parenting orders permitting or preventing overseas travel.
Official source: FCFCOA — Relocation, travel and international parenting issues.
What can the Court order?
Depending on the circumstances, the Court can make orders allowing a child to travel, restraining removal from Australia, requiring passports to be delivered to the Court, or requesting that the Australian Federal Police place the child on the Family Law Watchlist.
Official source: FCFCOA — Children and international travel after family separation.
What if you are worried the child will not return from Nepal?
If there is a genuine risk of unilateral removal or non-return, legal advice should be obtained urgently. The Court has an out-of-hours process for emergencies where a child may be taken overseas before the next working day. International recovery options can differ depending on the destination country, treaty arrangements and local law.
Official source: Attorney-General’s Department — International parental child abduction.
What evidence can matter in a proposed Nepal holiday?
Depending on the dispute, relevant material can include return flights, proposed dates, accommodation, school commitments, the purpose of travel, the child’s connection with each parent, previous travel compliance, family support in Australia and Nepal, and any proposed safeguards or undertakings.
Related parenting guidance
Do not book first and ask later
Where parents are separated, especially if there are orders, proceedings or objections to travel, obtain agreement or legal advice before committing to international travel. A last-minute dispute can lead to urgent court proceedings and significant cost.
This article provides general information only and is not legal advice.
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