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NSW Family Court - Ex Relocated with Daughter Without Consultation?

Discussion in 'Family Law Forum' started by mc_bean_2015, 16 October 2015.

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  1. mc_bean_2015

    mc_bean_2015 Active Member

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    Hi,

    My ex has relocated from Sydney to Brisbane a few weeks ago with our 7 year old daughter without consultation from me. She sent me a text message telling me she had done so then followed up with an email saying I was a terrible father and she had no choice because I travel for work and so I don't have consistent enough care so she wanted to move back with her father and mother in Brisbane.

    I have applied to the family court and have a hearing set for a few months.

    I wanted to get some information on how these usually work.

    There is no violence or abuse of any kind, no police reports, docs, etc but the ex claims that I bad mouth her to my daughter and therefore I emotionally abuse her. I, of course, have denied it over and over and said that when a 7 year old tells you that daddy called you a dumb dumb, you take it with a grain of salt. My daughter loves to stir the pot because her mum gets sucked into it, she's tried it on me a few times and I immediately shut it down.

    My ex is the primary carer but I have regular care.

    I travel overseas for work frequently but have always had a great relationship with my daughter who has lived in Sydney her whole life and has her school in Sydney in the suburb I live.

    My ex is claiming the only way I can see her is to fly to Brisbane and rent accommodation but I can't afford this.

    How do interim hearings work when a primary carer relocates without permission from the other parent, does the court usually take a more cautious approach or ask the parent to return?

    I am very worried I will lose the relationship I have with my daughter, she cried on the phone to me the other day, saying "daddy don't leave me". I wanted to tell her that I never would but know I won't be moving to Brisbane to live, so there is a real chance if a judge doesn't ask her to return I might only see her a few times a year.

    Thanks
     
  2. AllForHer

    AllForHer Well-Known Member

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    Are you applying for a recovery order?
     
  3. mc_bean_2015

    mc_bean_2015 Active Member

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    Yes, I have applied for urgent recovery orders and was granted the soonest hearing they had for a non violent/abusive case. Hearing is in 2 months but I am just worried the judge won't request her to return then I won't know when I will get to see my daughter again as I can't afford to fly back and forth from sydney to brisbane and pay two rents etc.

    Do judges usually ask the parent to return and apply to the court for relocation orders? I think it would be fair for her to have to file through the court, the legal way and not be encouraged to just take off without any consultation but I hear judges can be cautious of forcing a parent to return.
     
  4. mc_bean_2015

    mc_bean_2015 Active Member

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    Anyone got any experience or knowledge in this?
     
  5. franklin9

    franklin9 Active Member

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    Unfortunately, I have no suggestions. My partner is currently going through a similar situation and refuses to return after a year. It's difficult because he thought it would be in the best interests for his son to be in a better city and assumed he would be allowed frequent visits and contact. Unfortunately with the distance, the relationship between father and child really suffers.

    We have found that collecting any and all evidence of her neglecting the relationship between father and child seems to be helping. It proves that if the child is not relocated, the mother will continue to allow the distance to be a negative effect on the child. A child has a right to have both parents in their life, so focus on that, and good luck.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Sorry for my lack of response, I've been in and out of the forum of late.

    The court realises that hearing dates take time, but if the child lived in Sydney for most of her life and saw you regularly while there, then you have a good chance of having the recovery order granted. The main challenge I think you will have is with the frequent travel abroad for work. How frequent are these journeys, and how long do they ordinarily last? That's where the court will place its caution - if it's going to make a recovery order, it will need to be satisfied that doing so is basically necessary for the child to maintain a meaningful relationship with you, so if you're travelling a lot and the time the child would then spend with you is menial, then it might not make an order for recovery.

    In my view, a part of your case should be that if the order is not made, the child will experience difficulty maintaining a relationship with you due to the distance and lack of support and encouragement from the mother to do so. If she hasn't consulted with you about the relocation and has told you, "you're a terrible father", then she probably doesn't have a great deal of insight about the child's emotional need to have a relationship with you.
     
  7. sammy01

    sammy01 Well-Known Member

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    How much time do you usually spend with your child? Nights per year?
    Do you currently have court orders? Parenting plan? A verbal agreement that explains when you see the child?
     

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