NSW Child custody issue

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Jant

Member
24 March 2020
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My son has been separated from his wife for 4 years. To date they have agreed to split the caring of their two children (aged 14 an 11) 50/50 and this has worked. There are no court child custody orders in place. Recently she has moved location and threatened to have the children 100% of the time. He and the children wish the current situation of 50/50 to remain. He does not want to go to court at this stage. What action can he take? And can she have the children 100% without a court order?
 

Jake Matherson

Well-Known Member
15 June 2018
223
29
659
In the absence of any formal Family Court Order or DVO

Yes the mother could just move and withhold the children and there is nothing your son will be able to do about it without a piece of paper from a court.
Is this nice, no. Will the police do anything about it without a court Order, no.

What is her motivation to now threaten to withhold the children after 4 years of 50/50 has the mother moved very far away?
 

Jant

Member
24 March 2020
3
0
1
Yes, she has moved a fair distance away which makes the hand over difficult for both parties.
 

sammy01

Well-Known Member
27 September 2015
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what sort of distance are you talking?
Do you live in a city or country?
As in how faor is the time travelled between the two locations?
Does this require a change of school?

Can he move closer to her?
 

Jant

Member
24 March 2020
3
0
1
It’s a 50 min drive between locations in the outer regions of Sydney. No change of schools for the kids which are close to my son. He won’t move.
 

sammy01

Well-Known Member
27 September 2015
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ok - so relax... if this doesn't impact on change over locatons? I'm guessing it doesn't? then he can continue with the current routine. Dont engage in arguments. Just explain that he will be continuing with the current situation. If she continues to threaten 100% care then I'd suggest you ask her to apply to court for that to happen and until that does happen things stay as is...
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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673
2,894
Sydney
50 minutes is nothing.

No sweet way to say it.
He needs to adult-up and go for orders.
 

Atticus

Well-Known Member
6 February 2019
642
114
2,394
ok - so relax... if this doesn't impact on change over locatons? I'm guessing it doesn't? then he can continue with the current routine. Dont engage in arguments. Just explain that he will be continuing with the current situation. If she continues to threaten 100% care then I'd suggest you ask her to apply to court for that to happen and until that does happen things stay as is...
Good advice..

At those ages,(11 & 14) kids wishes will be given significant weight ... Also probably 2 years to get a result & plenty of $$$$$$ .... I would recommend only going that route ( as a self rep) as a very last resort, a DIY initiating application will get the ball rolling for minimum $ & compel her to respond..

He needs to adult-up and go for orders
Not good advice