NSW Applying to Family Court to Take Children on Overseas Holiday?

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DadonaMission

Well-Known Member
3 July 2015
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Hi guys,

We have final orders in place, however, the other party would not agree with any overseas travel. So the judge made the final orders and said I'd need to apply to the family court. I don't know how to do this exactly. I want to do it myself.

The Federal Circuit Court chat line said to file an initiating application, affidavit and supporting documents. I need to know exactly what to do. Do I apply via Comm Portal? Are there standard forms or samples for these documents?

I actually want to take my three kids to NZ (family) and Japan (cultural experience). Tips about this?

How long does the application process take and how much does it cost? What's the process? Requires a judgment?
 

Migz

Well-Known Member
20 November 2016
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43
719
Yes, you have to file an "initiating application" form, along with and affidavit, and supporting annexures.

Initiating Application (form) - Federal Circuit Court of Australia

Yes you can file this via the comms portal, one all signed off by a JP, then the comms portal will red stamp them, you print them back out an serve them on the ex. Time to get to court, allow, 3 to 6 months, you could get lucky and get an earlier hearing.

Both countries you are travelling to are apart of the Hague Treaty, so that works in your favour, to get this over the line, you will have to present to the judge, that you are willing to supply the ex with a travel itinerary, including flights, and accommodation, and you are willing to pay a bond, to be put in trust, say $3,000 which is forfeited to the ex should you not return by a set date. Other than that your annexure should have print outs showing the kids shots are upto date, along with print outs from Smart Traveller, showing you have studied the risks of each country. And give the ex make up time (should that come into play with your current parenting arrangement) and I don't see the judge stopping you from going.

You will have to come to some arrangement with the ex as to what happens to the passports on the kids return. Our daughters is locked in an 8 digit safe, and both parents have 4 digits each.

Good luck with it all, once again get ready for a long drawn out process, as is the norm for family law...
 

AllForHer

Well-Known Member
23 July 2014
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The above is pretty good guidance, I don't have much to add.

If you've got final orders, though, you'll probably need to carry out special service on the other party for the initiating application, since I believe this is a new matter, but best to double check with Comm Courts.

In the proposed minute of orders, I'd seek orders for the NZ trip as interim orders, but aim for something more permanent for the management of overseas travel and passport management for final orders. You don't want to have to go back to Court for every single time you want to go abroad.
 

sammy01

Well-Known Member
27 September 2015
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720
2,894
Tasmania and Darwin....
cheaper and less stressful than having to deal with court as a result of a problematic ex...
 
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AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Tasmania and Darwin....
cheaper and less stressful than having to deal with court as a result of a problematic ex...

This is how we approach travel abroad as well - if it requires anything above and beyond the scope of the orders, we don't do it. Figure we will wait until she's old enough to start asking for her own passport.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Yup - sadly there are some fights not worth having.... My ex agreed, to OS travel.... because she was the primary carer, the passports had to go to her house... She refused to hand them over, eventually handed them over.... Then decided she wasn't prepared to agree to the travel... I'd booked tickets... Way too much stress and courts cant help with that... If you book flights and don't go, you're money is gone too.... Go to Tassie