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NSW Family Law - AVO on Ex - Can He Take Daughter Overseas?

Discussion in 'Family Law Forum' started by mandy57, 2 March 2016.

  1. mandy57

    mandy57 Member

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    Hi there, could someone please help me.

    My ex-partner would like to take our daughter overseas to New Zealand for a holiday. Our daughter is 4 1/2 years old. Currently, there are no family court orders in place. We have an active AVO in place.

    In terms of visitation, he does not have her on his own and does not have her for overnight stays. He also fails to show up for visits on a regular basis due to still being intoxicated. The AVO states that he is not to approach or contact me or my children whilst under the influence of drugs and alcohol. He has a history of violence and has a criminal record for drunken assault and DUI. There have been instances of domestic violence, which have been documented with a Family worker, that my girls and I were working with.

    I am not comfortable with my daughter leaving the country with him due to his regular drug and alcohol abuse. My daughter does not know his family and it is my concern that there will be heavy drinking and this is a breach of the AVO, and my daughter will be left unsupervised. From previous experiences during our relationship, it is a regular occurrence for there to be heavy drinking with his family and whilst overseas. I am also concerned that he may not return her to the country.

    Is there anything that I can put in place in Family Law to prevent this from happening? What are my options? Please help as I am very distressed over this issue.

    Many thanks.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Does she already have a passport?
     
  3. mandy57

    mandy57 Member

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    Yes, she does, but I have it.
     
  4. AllForHer

    AllForHer Well-Known Member

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    If there are no parenting orders in place, then you don't have to surrender her passport to him, which means she won't be able to fly.

    He can apply for an order to allow travel through the Federal Circuit Court, but it's a slow and expensive process.
     

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