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NSW Family Law - Taking Child Overseas - How Does Ex-Parte Process Work?

Discussion in 'Family Law Forum' started by Francene Craven, 23 April 2016.

  1. Francene Craven

    Francene Craven Active Member

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    Hi,

    I am wondering if I could gain some help.

    I have a 3-year-old and there are family court orders in place. Every time I don't do something right, the father threatens family court and has actually taken me to family court 3 times in 3 years and lodged paperwork another time but withdrew at the last minute. Recently, my current partner and I are going on a holiday over to the US and two of my children, including the 3-year-old were to come with us.

    The father of the 3-year-old consented verbally and signed the passport documentation and even went and paid for and got the passport photos for our son. I then received a message saying he would not agree to our son going overseas. I tried discussing this with him and eventually we came to an agreement and our son was allowed to go again. In the last few days, he has said our son cannot go again and is threatening to put our son on the watch list.

    He is now saying that he will be lodging the paperwork to take this to family court as an ex-parte process, which I assume is in the Judge's chambers without parties present. This is so he can have our son put on the no-fly watch list.

    I am wondering how the ex-parte process really works and if each parent is given the opportunity to state their case? Also, there is no real reason for him to put him on the watch list, as I won't take him without his father's permission as it would also be breaching the current court family court orders in terms of visitation. He did draft a letter giving me permission to take our son overseas earlier when he was agreeing to letting me take him but it isn't signed.

    If anyone has any help for this, I would be grateful.

    Thanks.
     
  2. sammy01

    sammy01 Well-Known Member

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    Are you the primary carer? Is communication via email or text so it can be verified that he did agree?

    My thoughts - go see a solicitor about applying to court to give you permission to fly. How long are you going and how much time will dad miss with the child as a result and have you offered make-up time?
     
  3. Francene Craven

    Francene Craven Active Member

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    Yes, I am the primary carer and everything is in text and email format because he cannot talk on the phone. I have offered extra time for him to see his son before we go or after we get back. His response is he doesn't want the extra time. I always offer him extra time with his son over and above the court orders.

    We are going for 4 weeks and he would miss out on 4 nights.
     
  4. sammy01

    sammy01 Well-Known Member

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    So he signed passport application. He agreed verbally and in writing. He then rescinded on the agreement and changed his mind? Was that verbally or in writing?

    My thoughts - Go. You have the passport, right? And you have a piece of paper that says the kid can go. Just go and when you get back, offer him make-up time. If he wants to take you to court, let him....
     
  5. Francene Craven

    Francene Craven Active Member

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    The only problem with that is that it breaches the current orders for visitation and the letter he sent to me isn't signed yet. He reneged before he signed it. Also, he is going to court to have our son put on the No-Fly Watch List with the Federal Police. If he is successful in that I will be stopped at the airport.
     
  6. sammy01

    sammy01 Well-Known Member

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    When you say 'he is going to court to have our son put on the No-Fly Watch list", have you been served with court application regarding the flight watch list? Could he be bluffing?

    Look, just because he wants the kid on the flight watch list don't mean it will happen. He has to establish concerns that you're gonna abscond and not return. In fact, in some respects, he might be doing you a favour. He applies and gets knocked back, you win.

    Yep, you could go anyways and you could then cop a breach for contravening the orders. So what? You'll probably be forced to provide make-up time. No worries. Give him make-up time and then a bit more time to compensate him. Magistrate will lap that up. Just don't go breaching the orders routinely.
     
  7. Francene Craven

    Francene Craven Active Member

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    So for the No-Fly watch list, he has to establish that I will not be coming back with him at all? If it's just a holiday, then they are more than likely to knock him back? Yes, if that's the case then I think you're right, he will be doing me a favour. I haven't been given the documents yet, he says he is doing it on Tuesday. He could be bluffing, but the reality is he probably isn't.
     
  8. sammy01

    sammy01 Well-Known Member

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    I didn't say that it is more than likely that they'll knock him back. You did. I don't make predictions.

    Look, how have the other 3 times he has taken you to court gone?

    So have you booked tickets, etc? If not hold off - see if you get anything from the courts regarding no-fly watch list, and if not then just book and go. Let him contravene you when you get back...

    Look, I don't encourage people to breach court orders, but when someone mucks you around this way and that I reckon the best thing is to just have the holiday and then throw yourself at the mercy of the judge when you get back. Unless you habitually stop him seeing his kids, then the court ain't gonna do that much.
     

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