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According to child custody laws, any parent can take their children overseas if they have a valid passport and visa. If there are current order or a case before the Court, special rules apply.

Australia is signatory to the international Hague Convention. Countries who are signatory to this Convention have agreed to work together to ensure the return of a child to their country of residence should they be taken overseas by a parent with the intention of that child being kept overseas.

Serious difficulties arise if a child is taken to a country that is not signatory to the Hague Convention where child custody laws may not apply.

If you have reason to believe that someone will take your children overseas without your permission you should seek legal advice from a child custody lawyer immediately. From here, they will be able to guide you through your options and potentially prevent your child from travelling overseas without your permission.

For more information on child custody laws, click here.

Our team at Matthews Folbigg is made up of specialist family lawyers that can advise you about your custody law issues.

For advice about child custody laws contact us on 1800 300 170 or email us at

Family law situations can be complex and sometimes they can involve serious issues.  Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.