NSW Interim Orders and Family Law - Travelling in the Same State?

[Samantha-Jane]

Hi all,

I currently have interim orders to reside at a particular address in NSW. I am the primary carer and the father is to spend time with the child at times as agreed between the parties. My question is, my mum is visiting and we want to go away for 5 nights, still in NSW, max. 4 hours away, would this be a problem under family law?

We have an agreement that the father picks up our child from daycare on Wednesdays but on this occasion, the child won't be able to attend on this date but will be attending on a Friday. Should i just offer for the father to pick up on Friday instead of the Wednesday and the father has the child over that weekend anyway?

 

[sammy01]

It would be a problem to me if I was the dad...

Solution? Ask him to agree to an alternative.

"Dear ex, I would like to take child to XXXX... this would impact on your time. In the spirit of compromise, can you please suggest an alternate arrangement as make-up time in order to accommodate this proposal...?"

That seems like a reasonable starting point to me...

 

[AllForHer]

There won't be any issue with you going away for five nights, and hopefully, if you offer a good deal to the father for make-up time, there won't be any issues there, either.

This is what our judge said to us:
"Court orders are only good while ever the parties don't agree. You don't have to follow the orders at all, provided you both agree to not do so."

 

[Samantha-Jane]

Thanks, currently when he picks up the child from daycare. He only spends an hour max before dropping him back to me.

 

[sammy01]

If the concern was more about the word 'reside', no worries. You will be returning to that house right?

So you continue to reside there, you're just having a holiday but that is your residence