VIC Property ownership as security

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Marian

Well-Known Member
9 February 2016
19
2
74
Hi, my fiance wants to travel overseas with his 12 and 16 yo children to attend his wedding. The boys want to travel to. The mother objects. One of the suggestions he was advised is to put his home under her name as a security at the court so in case he runs away with the children-which will never happen of course-she gets the home.
What is the process for doing that and how and where can he start it?
Thanks
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Seems like an extreme idea. Normally a monetary security bond is sufficient...

Is the property held as freehold in the fathers name?.... If not, then the bank holds the title & changing the name on the title will not be possible unless the mortgage is paid & the property refinanced... Then ther's the the issue of stamp duty payable..

Are there parenting orders in place?
Do the kids have passports?

If the mother continues to object, the father can make an application to the court to allow the travel... He has property here so if he also has family here & a job, then they are all things that go in his favour to reduce the courts concern that he is risk of not returning.. Also travel to a Hague convention country, & a willingness to pay a security bond
 

hshkara

Well-Known Member
14 July 2019
20
0
121
If the mother objects to the travel then the children are not allowed to travel.

You will need to apply to the court to get an order allowing the children to travel. If he puts to the court that he is willing to put his house up as security, the court will be reassured that the children will return.

Read this article on traveling overseas for children