NSW Can I Move Interstate Without Any Family Court Orders?

[limbo72]

I just want to know where I stand in relation to moving interstate without any type of family court orders. Daughter has been in my sole care since she was 5 months old (now 5). Ex has paid some child support off and on over that time - not paid now for several months. He has seen her 5 times this year and after each visit, he states he can't see her again as it sends him on a bender (not that it's probably important for the question but he's dealing with MH issues and alcoholism).

After 5 years, I still deal with his abuse (written) but only to try and keep the relationship with him and his daughter. As time has passed, it is now having too much of an effect on me and I feel like I need the support of a family member (no family in NSW). What should my next steps be under family law? I've asked him recently via text if we should move away (daughter and I). Would a yes response to this be the go ahead I need?

Any guidance would be appreciated.

 

[sammy01]

The text message response is a good start.

You could offer him consent orders that provide for access. But if you over complicate the matter he might start resisting. My thoughts - inform him you intend to move in 3 months. Tell him that if he wants consent orders pertaining to holiday access you'll pay for the orders and if he'd rather just keep in informal then that is ok by you...

So why 3 months? Well if he doesn't respond inside of 4-5 weeks you can reasonably expect, he isn't going to... So you can then start sorting stuff like giving notice to a landlord if you're renting etc....

It is just as likely that when presented with the reality of you actually giving him a date that might scare him and he could say no... Now if that happens the best course of action is to apply to court for permission to move