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WA Family Law - Can Father Stop Me From Taking Children to NZ?

Discussion in 'Family Law Forum' started by desperado, 17 February 2016.

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  1. desperado

    desperado Active Member

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    Hi, I have planned a trip back to Nz for a month and we leave at the end of this month. I have a return flight that I have already paid for. Can the father of my children stop me from taking the kids back with me when I have them 90% of the time under Family Law?
     
  2. sammy01

    sammy01 Well-Known Member

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    Is the dad threatening to stop you?
    Is the trip gonna impact on his time with the kids?
    If so, have you offered makeup time?

    Look it is unlikely he can get you put on the airport watch list within that time-frame. I'll wait till you answer my questions so I can give a more precise opinion...
     
  3. desperado

    desperado Active Member

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    Yes, the dad is threatening to stop me. He also does not have a set time of when he sees the kids. Usually, he asks for them once every month

    We are also not on good terms at the moment, because I have applied for child support and he's currently owing $2600 in child support come the 7th of March and he wants me to cancel my claim after 12 months of trying to get him to pay on an agreement between the both of us.

    We also leave on the 27th
     
  4. AllForHer

    AllForHer Well-Known Member

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    Dad can file an urgent initiating application in court seeking an injunction against travel and he can file to have you put on the watch list at the same time. The AFP can place a child on the family law watch list if an application has been made to the court, even if an order has not yet been made by the court.
     
  5. desperado

    desperado Active Member

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    Do you know how long that takes? Hes known for about 2 months that we had this trip planned so Im not threatening to leave the country. This is just out of spite.
     
  6. desperado

    desperado Active Member

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    Is there any way I can appeal to the court to let me go if I can prove that I'm coming back?
     
  7. AllForHer

    AllForHer Well-Known Member

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    Has he actually applied to the court yet?
     
  8. desperado

    desperado Active Member

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    I'm not sure. He has threatened to do it. I'd like to be prepared if he does. We leave next Saturday
     
  9. AllForHer

    AllForHer Well-Known Member

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    Unfortunately, there's not a great deal you can do to prepare yourself in the event that he does file an application, but if he's known for two months and hasn't filed an application yet, he's probably not going to. Have you actually ever attended a family dispute resolution conference with your ex?
     
  10. desperado

    desperado Active Member

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    Yes, he has known for 2 months but I have only applied for child support in January and now because he hasn't paid, he owes 2600 from the last 2 months and wants me to cancel my child support. No, we haven't attended anything. We have only started talking again. Only lasted a week
     

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