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NSW Can I Request for a Relocation Order from Family Court?

Discussion in 'Family Law Forum' started by Bigler129, 30 September 2016.

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  1. Bigler129

    Bigler129 Active Member

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    Hi all,

    I'm currently in the NSW family court trying to get either every school holidays and half of Xmas and Easters, but she is flat out refusing. I have PTSD but being treated and a psyc report stating I'm of sound mind and no harm.

    I ultimately would like my boys relocated to where they were born and I live but it's been two years in courts now, so I fear they may say it isn't in their best interest as my eldest is now in school and my youngest starts next year but she went interstate with no permission but no orders were in place.

    My questions are:

    1. Do I have a chance of requesting a relocation order?

    2. If I settle for the holidays who pays for the travel? I'm currently representing myself as it's become too expensive but I will not give up on my boys. It's in the NSW family court

    Thanks in advance
     
  2. AllForHer

    AllForHer Well-Known Member

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    Likelihood of a relocation order after two years is fairly slim, but there might be some other options here to maximise your time with your kids outside of just holidays. How far away do they live?

    Regarding the cost of travel, you've probably got grounds to ask that she pay for all travel expenses since you didn't consent to their relocation, but the Court is probably more likely to order an equal split of expenses.
     
  3. Bigler129

    Bigler129 Active Member

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    Hi

    Thank you so much.

    I am in Sunshine Coast and she is in NSW Newcastle. Last court hearing the Judge was baffled as to why she wanted a ICL after my psyc report and in the end refused and set up a Family report meeting instead which took place yesterday.

    The Judge at the time said orders would be finalised on the next court date 20 Oct as it had gone on long enough, but the Family person disagreed and said it would go to trial and an ICL would be appointed. I'm yet to get the report so unsure why but she rattled me asking me why my psyc had said certain things and questioned his profession?
     
  4. sammy01

    sammy01 Well-Known Member

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    Mate, you have come this far. I reckon if the judge said orders will be finalised next court date then sit it out. She is grasping at straws and the mag will have concerns about that too.

    I wish I could advise you to seek amended orders to facilitate if you moved to Newcastle. But at this point, just stick with what you've got and stick to your guns. She seems to be hinging her case on you being mentally unstable.

    Frankly, she sounds like a nutter. I know a bit about nutters, I was married to one, too. So when you write that she 'rattled you'. I understand. Crazy people don't know they are crazy and as such they often seem to be convinced that the know best about everyone else and because she is crazy she thinks she can instantly diagnose you as crazy. Crazy...

    Stay calm, stay strong and let us know how you go.
     
  5. Bigler129

    Bigler129 Active Member

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    Thanks Sammy

    Certainly not giving up now, it was the family psyc writer who rattle me questioning my report and going against what the Judge had said. I can't move, I have a life with a supportive partner and her kids to consider also. Not too mention she lives in a small place outside of NewCastle that isn't big enough for both of us. Lol
     
  6. sammy01

    sammy01 Well-Known Member

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    Can you give us some more details? Are you currently fighting for relocation? Or just holiday time? How far from Newcastle to your place? How would the kids travel?

    Family report writers don't tell judges what to do. Judges make the call. That said they are heavily influenced by the report. So what in it worries you?
     
  7. Bigler129

    Bigler129 Active Member

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    I'd be happy with holidays and share cost of travel. I'm still waiting for the report but she didn't seem mutual like I was told it should be. Just have to wait and see I guess.
     

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