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NSW Family Law - Can Ex Take Child Interstate for Holiday?

Discussion in 'Family Law Forum' started by Vinnie, 7 April 2016.

  1. Vinnie

    Vinnie Well-Known Member

    13 October 2015
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    In the interim order, my ex has 6 days a week and I have one day per week with the child. Therefore, she can take the child for a holiday of 6 days of her time with the child to another state. Can she legally do it this under Family Law? Of course, she let would me know of the arrangement.

    I may want to do it, too but it is impossible for me as I don't have enough days with the child. Is this fair and I have to accept it?
  2. Hope this helps

    Hope this helps Well-Known Member

    26 March 2016
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    Yes, your ex is allowed to take your child interstate. Unless specified in the orders, she does not necessarily need to tell you where, only if something is the matter with the child and a contact number. However, unless stated in the orders that under no circumstances you are not to have the child more than one day - if your partner or ex-partner is in agreement, there is nothing stopping you having your child for six days or a week to take interstate if both parties are agreeable.

    All orders are in place because parents (unless for an ugly reason) can not agree. These can be changed if both parents are agreeable and I suggest the agreement be sent by email as prove that both parties agreed. Yes, you do have to abide by orders if it states you have your daughter / child one day and she has your child 6 days. These are interim orders. Meaning orders that are set until a hearing is made or the judge can see everything is going fine, respect and also gives time for parents to hopefully put aside their differences until the next hearing.

    What comes with all family orders are not only conditions set out but penalties and what the person who breaches any conditions within the orders may be charged with if they break or do not abide by all conditions set out by the family court orders. I suggest you abide by them. As I said, though I do not know all conditions within the orders - if both parents agree and the other parent allows you to have your child for 6 days to take for a holiday stating date, time you will pick them up, contact phone numbers, that they can even speak to the child through phone or Skype or the child will ring them at a certain time on a particular day and when you will return them regarding day, date, and time - all is well.

    However, if this does occur , understand that no reason unless it is an emergency can you break the trust or your word and be late picking them up, dropping them back and any other arrangement you both have agreed upon. Plus, if this does occur, when returning to court, the judge will see it as favourable that both parents are able and willing to compromise and work together. Even allowing you more time with your child if all works out and you keep to your word.

    In short - yes, you must abide by family court orders.

    Penalties and harsh penalties may be incurred if you breach any family court orders. The other partner can have you swiftly back into court for breaching family orders.

    P.S. Family court orders are set down by a Judge in a Federal Court. Please abide by these orders. If you do not return the child when you are supposed to and your partner applies for an emergency hearing, you can be charged with kidnapping your own child.

    The Judge will order the Federal Police to have the child return. Do not breach or take family court orders lightly. If all goes well and no breaches are made, the next court hearing, the judge may very well increase your time spent with the child. Only you know the reason why the Judges decision was for you to have your child at the moment for one day. Be patient.
  3. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    You can't be charged with kidnapping your own child, unless you abscond with them overseas without the other parent's consent, which is called 'abduction', not kidnapping. If a parent contravenes a parenting order, the other party may file for a contravention order in the Federal Circuit Court or Family Court, and that contravention order may be accompanied by a recovery order.

    Contravention proceedings are also quasi-criminal, not criminal - parents aren't punished like convicted criminals if they contravene civil parenting orders, and federal police are not permitted to involve themselves in family law matters unless they have an explicit order from the court to do so. State police do not have jurisdiction to involve themselves at all.

    Please don't incite moral panic for parents just trying to determine what their obligations are, especially if the information you're providing is entirely false.
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