NSW Family Court - Ex Relocating Only 5 Minutes Away?

[Steve1905]

Hi all,

Today, I received an email from my ex's lawyer advising that my ex has been handed an eviction notice and given a "very short" time to vacate. She has applied for a new dwelling 5 min from the current house. She lives 4 hours away from me and we are in family court as I'm seeking relocation back to Sydney.

Current interim orders say she cannot relocate without family court permission. Her lawyer wants the section of the order ignored as they are only moving 5 minutes away and that would not be considered relocation.

I see this as an opportunity to have them move back to Sydney. A date is not set for the final hearing.

Is this an opportunity to get back in front of at least a registrar to have this opportunity heard and how would I go about it?

Thanks in advance

 

[Steve1905]

Update 10/11/16

I have emailed back and forth with her legal aid lawyer who is at my guess stalling until they move. The argument is over the term "relocate". I know the Oxford dictionary term but do not know what a registrar would consider the legal term. I have spoken with the case advisor who spoke with a registrar who intern passed on a message to seek legal advice.

I need to know how to get this in front of a registrar ASAP but can't afford a lawyer.

Anyone?

 

[sammy01]

You're wasting your time - forget it.

But, long term, it helps. Hopefully she will get evicted again. It starts to show a trend that indicates the kid should be near dad because mum is crazy.

 

[Corinne]

In most cases, emergencies will override the orders. She's not going to be reprimanded for moving 5 minutes away where she would have been homeless otherwise.

I'd be focusing on the reason for the eviction notice and using the possible unstable lifestyle to your advantage.

 

[Steve1905]

Thank you for the answers.

I have found out it is not a very short time as originally advised. They have been given the full 90 period to then end of January. This is their 3rd eviction in 18 months. They cannot get a place in their name as she is black listed and he has a housing apartment which he is renting to his brother in Sydney. Hence my frustration.

They do have a place to go to, they just refuse to. They are using someone else to apply for these premises. I told the ICL this in dispute resolution in a private session and she still ignored it. Having to wait for a final hearing date which could still be a year away and at this trend another dwelling or two, I need to know how to get in front of a registrar to rule on the point of moving if they do not apply as the orders state they should.

 

[sammy01]

Ok, so I see your point, but I think it is flawed. Just because she has been evicted doesn't mean she should move back to Sydney. She will argue she can't afford sydney...but her point is that she thinks it is in the best interests to stay in the new location - not changing schools, etc.

Your argument is that there is a whole lot of disruption in the kids life and as such the kid should come back to Syndey (and live with you? If mum can't relocate with the kid?). Look, mate all these houses shows a pattern in some respects you're better off letting the pattern continue. Then you can show the court that it is a disruptive life for the kid and as such the kid is better off with you. Be patient.