NSW Breach of Family Court Orders and Custody of Children - Husband's Rights?

[Victoriamarie]

Hi, I am seeking help on behalf of my husband who has 50/50 custody of children. The children's mother has just recently moved out of the area taking his daughter without consulting him first. It clearly states in his family court orders that every decision has to be made with both parents and if they can't agree then to mediate! This hasn't happened, what are my husband's rights as a father under Family Law?

 

[sammy01]

Ok, so how old is the child, and has the move impacted significantly on the child access arrangements? Is he still seeing the child in accordance with the orders? How far away has she moved?

So my opinion changes depending on the answers, but if he isn't seeing the child anymore he should make an urgent court application for recovery orders. He'll really need to see a solicitor on that one. Look, you can self-rep., but when it is urgent, getting someone who does this stuff for a living would be preferable to just getting suggestions off of punters like us...

If he is still seeing the child in accordance with the orders, then it might not be worth the effort.

 

[Victoriamarie]

Thanks for your reply ! She is 10 years old and they have moved over an hour away which has now impacted on the arrangements ! My husband hasn't seen his daughter for over 4 weeks now. He has tried his best calling her, trying to arrange to see her but the mother is always saying she doesn't want to ! This has all dramatically changed and is very out of character for his daughter !

 

[sammy01]

I would suggest you speak to a solicitor asap. I think the solicitor will organise a urgent recovery order hearing. The sooner you get onto this the better.

Alternatively, if you're prepared for the relocation to stay then you perhaps organise mediation so at very least you can get some arrangements in place around the holidays, etc.

What you should not do is go and take the child... While you might not be breaking any laws, if you did that, it is still not a good idea. So don't do it.