By Sheree Orbell, Solicitor/Director and Mia Eddy, Paralegal at Orbell Family Lawyers

As the Christmas holidays approach, many families begin planning long–awaited trips. For separated parents, though, organising travel with children can be more complex. Whether it’s a quick interstate getaway, a week at the beach, or an overseas visit to relatives, extra thought and care is needed. Travel can be a wonderful opportunity for children to create memories, connect with extended family, and experience new places, but only if the arrangements are made in a way that keeps their wellbeing front and centre.

At Orbell Family Lawyers, we regularly work with parents navigating these issues. Sheree Orbell, Solicitor Director and Mia Eddy, Paralegal, explain why separated parents should plan early, communicate openly, and always keep the child’s best interests as the guiding principle.

Orders and Plans: Know Your Obligations
The first step is always to check whether Parenting Orders or a Parenting Plan are in place. These documents often contain specific travel provisions, such as:

• Who holds the child’s passport.
• Conditions for travel, including notice periods and communication requirements.
• Limits around travel windows (for example, school holidays only).
• Whether written consent from the other parent is needed.
• Failing to comply can cause significant issues. Not only might it disrupt a child’s routine, but it could also lead to disputes or even legal consequences. Before booking flights or accommodation, parents should carefully review any Orders or Plans. If anything is unclear, it’s wise to get advice early. It’s much easier to resolve questions before a trip than in the middle of one.

Overseas Travel: Meaningful but More Complex
Overseas trips are often planned to help children maintain connections with grandparents, cousins, or other family who live abroad. Courts generally support these opportunities, recognising their cultural and emotional value.

But international travel does introduce added layers of risk. If one parent disagrees with the trip or worries about the child not returning, disputes may arise. In some situations, concerns about child abduction can be raised and that can stop a trip in its tracks.

The Hague Convention: Why It Matters
Many Parenting Orders or agreements limit overseas travel to countries that are part of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This treaty provides a framework for children to be returned if they are taken overseas without consent.

Not all countries are part of the Convention. Popular family holiday destinations such as Indonesia, Vietnam, and China are not signatories. If a child is taken to a non–Hague country, it may be extremely difficult, or even impossible, to secure their return through international legal channels.

For this reason, many parents agree (or courts require) that children only travel to Hague Convention countries. This helps reduce risk and offers both parents peace of mind.

Interstate Travel: Easier, But Not Risk–Free
Travelling within Australia is generally simpler, but it still requires cooperation. Even for short trips of say, a week in Queensland or a weekend in Melbourne, transparency is vital. Surprising the other parent with last–minute travel plans is rarely well received and can fuel mistrust or conflict.

A simple practice, like sharing the itinerary, accommodation details, and contact information, can prevent unnecessary disputes. It also reassures the other parent that the child’s wellbeing is being looked after.

Sharing the Season with Care
Christmas holidays are a time when many families want to travel, but they also come with heightened emotions. Orders often set out exactly how holiday time is to be shared, which may mean Christmas is divided between both parents. This requires careful coordination, especially when travel is involved.

When planning Christmas travel, consider:

• School holiday clauses: Orders may limit travel to official school breaks.
• Shared time: Christmas Day or week may need to be divided.
• Costs: Flights, accommodation, and travel insurance can add up quickly. Discussing how expenses are shared avoids last–minute disputes.
• The child’s experience: Long flights, jet lag, or missing family traditions can be stressful for children. Balance travel with their need for comfort and stability.

Avoiding Conflict Through Communication
The golden rule for separated parents is clear: communicate early, openly, and respectfully. Good communication might include:

• Providing detailed itineraries.
• Agreeing on how the child will stay in touch with the other parent while away.
• Discussing what happens if an emergency arises.
• Using shared calendars or written agreements to confirm arrangements.

If disagreements can’t be resolved, mediation may help before things escalate. Even in high–conflict situations, clear communication channels can make travel smoother for the child.

Putting Children First
Ultimately, every travel decision should be guided by one principle: what’s best for the child. That means:

• Preserving the child’s relationship with both parents and extended family.
• Minimising disruption to schooling and routines.
• Keeping safety and wellbeing at the forefront.
• Shielding children from conflict or adult disputes.

When parents take a cooperative, childfocused approach, holidays become what they should be: a chance for children to relax, explore, and make joyful memories.

Turning Plans into Memories
Whether you’re planning a beach holiday, a trip interstate or an overseas journey, travel after separation requires thoughtful planning. By respecting Parenting Orders, communicating openly, and keeping the child’s needs front and centre, separated parents can turn travel into a positive experience that strengthens family bonds.

If you’re uncertain about your rights or obligations around travel, seeking legal advice early is always a smart step. At Orbell Family Lawyers, we’re here to guide you through the process so your family can focus on enjoying the journey ahead.

Need Help with Holiday Travel Plans?
If you’re planning travel with your children after separation, it’s important to understand your legal rights and obligations before you book. At Orbell Family Lawyers, our experienced team can guide you through Parenting Orders, consent requirements, and travel disputes, so you can focus on making the holidays special for your family.

orbellfamilylawyers.com.au | Ph (02) 4314 6080 | info@orbellfamilylawyers.com.au

Liability limited by a scheme approved under Professional Standards Legislation. The information contained in this article is provided for information purposes only and should not be construed as legal advice.