LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Family Law - Repercussions of Bringing Child Interstate to Visit?

Discussion in 'Family Law Forum' started by franklin9, 12 January 2016.

  1. franklin9

    franklin9 Active Member

    Joined:
    17 November 2015
    Messages:
    11
    Likes Received:
    0
    Basically, I want to know if there would be any repercussions under Family Law if I was to arrange a time to go visit my child interstate (where they relocated to without a relocation order or permission) and flew him home to see my family for the weekend. Just to be clear, I have no intentions of not returning him on agreed upon date or preventing her contact whilst with me. There are no parenting plans or visitation orders in place yet. My ex would give me permission to see him but not know I would be bringing him home for the weekend. I would let her know we had come back to SA after we landed.

    In the past, she has absolutely refused to let me have him visit here but with no actual reason other than spite. She will frequently turn her phone off for days at a time and not let me speak with my son. She is unwilling to negotiate my visitation rights unless it is completely on her terms, etc.

    Thanks in advance
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,053
    Likes Received:
    124
    Legally, there is nothing stopping you as far as family law goes. But she might withhold the child later on and base that around your decision. Again, she would have no right to do that, but you're stuck in a tough spot.

    I would not seek permission - because she has no grounds to refuse and I don't think you should support any notion of her having any more a power than you. But I would inform her of your intention.

    She can then tell you she doesn't give permission and you can say OK, then do it any ways. My suggestion is based on the idea that down the track, you could wind up in family court and if that happens the way I've suggested looks less sneaky...

    BTW, do it all via email so there is an evidence trail...

    And get yourself to court. The nice magistrate is gonna organise child access on his terms based on what is in the best interests of the child not her terms. I think you'll find that once she is fronted with a court attendance notice, she might be a bit more willing to play nice....

    BTW, if she has only relocated very recently, then depending on circumstances, I'd be trying to get her forced back.
     
  3. franklin9

    franklin9 Active Member

    Joined:
    17 November 2015
    Messages:
    11
    Likes Received:
    0
    Thanks for your reply. It did occur to me that she will withhold him based on those actions, however, she is doing that now to a slightly lesser degree, so I figure, it can't get too much worse. If she prevents him from talking to me/seeing me altogether, it will just look worse for her in the long run anyway, wouldn't it?

    Unfortunately, she relocated roughly 18 months ago now and I'm not sure if I could have him brought back to SA after this time, but I'm trying to get parenting plans together. I have an appointment with a lawyer in a few weeks.

    He hasn't seen his family for a couple years now, so coming to the family reunion would be best for him (as far as I see it) as he hasn't even met a few of his cousins yet.
     

Share This Page

Loading...