Legal Question in Family Law in Australia

If there is a court order or an application before the court then both parents must consent before the children are taken out of the country. If there is no court order then that isn't required. However if you are intending to take the children to live overseas you should get the other parent's consent in writing. If not they can seek the return of the children to Australia under the Hague Convention and would probably be successful. The court here would then determine whether you will be allowed to take the children to live overseas.