NSW Does my ex-hunband legally have to tell me where he will be staying with the kids when he has them?

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SusanHD

Member
12 March 2022
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Hi, my ex-husand hasn't seen our children for nearly a year and will get them next weekend (10yr & 7 yr old). He lives 4 hours away and will be driving to the city where I live to pick them up and stay with them for 2 nights. He won't tell me where he is staying with them. Does he leaglly have that right if he has no fixed address whilst looking after them?
Thanks
 

sammy01

Well-Known Member
27 September 2015
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Nope.
If you have court order, they do tend to say that each parent must inform the other of change of address within 7 days of moving. But if he is taking them to a caravan park, or motel and you have a mobile number then what does it really matter?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Such conditions, where they exist at all, are typically in the Parenting Orders
that perhaps you don't have, but should.
 
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Dpj

Well-Known Member
1 July 2020
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Im assuming you have parenting orders. If so.

There is family case law here suggesting the parent needs to know where the kids live with the other parent. A judge would probably look upon the parent who didn't tell in a bad light. Obviously risk, family violence, etc, is an exception.

I have shared care and my ex moved recently and she didn't want to tell me where she resided. Although my orders specified some handover to be at the other parents residence (ie, I need to know the address), I was about to file a motion on the presumption I, as the father and having shared parental responsibility, should know. The day before I said I was filing it she gave me the address.

For 2 days however, I'm with Sammy on this one. If he starts getting more custody and overnight care and still won't tell you then I'm sure you have a case to ask the judge to force him to disclose.