Not every courtroom drama happens inside the courtroom. Sometimes, it begins at the airport. Imagine standing in line at Sydney International, passport in hand, suitcase packed, and your phone starts buzzing in your pocket with reminders about an upcoming divorce hearing. Can you board that flight to France without derailing your case?
In Australia, there’s no automatic ban on overseas travel during divorce proceedings. But if your matter is active, especially when financial settlements or parenting arrangements are being contested, travel can become legally complicated. Court orders, undertakings and even the perception that you’re dodging responsibilities can all come into play.
For example, Sarah, who’s negotiating property division and spousal maintenance. She’s invited to a professional event in London. While the trip is legitimate, her ex-partner raises concerns about asst movement and delays. Sarah would be wise to notify her legal counsel and the court, provide clear itinerary and ensure she’s available for virtual hearings. Ignoring these steps could lad to adverse inferences or even contempt proceedings.
If children are involved, stakes rise sharply. International travel during custody disputes may require written consent from the other parent or a court order. Attempting to leave without permission could trigger airports to alerts under the Family Law Watchlist and result in serious legal consequences.
So, yes you can travel, but only with the court’s blessing. One wrong move and your relaxing holiday could turn into a legal headache for you and your legal team.