NSW Family Law - Allowed to Request Spouse's Work Roster?

[Vinnie]

My spouse is now travelling for the holiday. She is a nurse and work on an unpredictable time schedule. Am I allowed to know her last year roster at work under Family Law? What happens if they don't want to give me her roster, as I know she will let me know if I ask her directly.

Thanks.

 

[sammy01]

I don't think you should have any right to her work roster and you definitely should not be asking her work directly.

You can ask your ex but if she says no then let it go. Besides, what purpose is there in you having her last year's work schedule?

 

[Vinnie]

By law, I think the company must provide her roster. For financial investigation and parenting, I need to know which day she used to work late and overtime.

 

[sammy01]

I think you'll find her employer has an obligation to maintain privacy and confidentiality. I disagree that you need to know any of her work details. Her income should be released to you via the child support agency and they will give your income to her....

You can ask her about her work arrangements, but her employer has no obligation to tell you, and I reckon has an obligation not to tell you.

 

[Vinnie]

It is going to affect the parenting and caring for the child as she is working to late night. I am available to claim that nights to keep the child. The parent can keep the child better than her grandparent.

 

[sammy01]

Ok, so you can ask about work rosters and the ex has an obligation to tell you who is looking after the child while she is at work if it is to prevent child access, but the workplace has no obligation to tell you anything.

 

[Tim W]

Get this.
You have no business approaching the employer.
And the employer is quite within their rights to refuse to tell you anything.


If you can, then ask her directly.
If you have to go through her lawyer, then do that.

If you want that information, and you have a valid reason for wanting it,
then you can approach the Family Court for an order.