Unknown🏠 Home🎯 Mission❓ FAQ
FAIR DINKUM LEGAL
📖 How To🚀 Get Help
Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice. Read full disclaimer →

Australian Family Law — General Information

Can I take my child without the other parent's permission?

Short Answer

If there are no court orders, both parents usually have equal parental responsibility, but taking a child and not returning them can lead to court action. Once court proceedings start, taking a child without consent can be very serious.

Get help with parenting arrangements →How guided support works

The Legal Position

Under s 61C, both parents have parental responsibility. Removing a child and not returning them may result in the court taking it into account when determining parenting arrangements. If parenting orders exist, taking the child may be a breach.

  • s 61C Family Law Act 1975 (Cth)

Watch

Parental rights and burden of proof

High court case on parental authority and serious matters

Legal implications of withholding child

Understand your legal position before acting.

Get help with parenting arrangements →How guided support works

Related Questions

Can my ex stop me seeing my child in Australia?What happens if my ex breaches parenting orders?Not Being Allowed To See My Child — what to do next
Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice. Read full disclaimer →