NSW AVO Taken Out by My Mum - What Can I Do?

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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Marilou

Active Member
15 July 2014
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She contacted me last night and told me to go Brisbane to make the claim, as she is not willing to go to Lismore, NSW. I am currently moving, as I have sold my house and two young children who are in school.

What would be my best option here, file it in NSW or Qld, she is not working have no responsibility?
 

Owens Lawyers

Well-Known Member
13 June 2014
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If you file in NSW, she can apply in NSW for an order that the NSW court is an inappropriate forum. However I'm not sure her application would be successful.

Alternatively she could apply for it to be moved from the court you start in to a court further away from you and closer to her (but still in NSW).

If there is no benefit to you starting the case in QLD ( particularly if you plan to stay in NSW) then think about starting in NSW.