International travel with children is not automatically allowed — or refused
In Australian family law, overseas travel disputes are decided by evidence, not fear or convenience. The Court applies a structured framework that has existed for decades, starting with the principle that a child’s best interests are paramount.
The leading authority, Kuebler, requires the Court to assess factors such as the length of the trip, the purpose of travel, the impact on the child’s relationship with the other parent, the safety of the destination, and the credibility of the travelling parent’s promise to return. These factors must be actively addressed — they cannot be assumed or glossed over.
Importantly, the Court has repeatedly confirmed that overseas travel cannot be refused based on speculation alone. In cases such as DeLuca & Farnham and Becker & Waterman, appellate courts made clear that where risk is manageable, travel should be regulated through practical safeguards — not banned outright. Emotional objections, last-minute urgency, or attempts to control the other parent’s life will not determine the outcome.
