NSW Interstate holidays without consent

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Isabeleileen

Member
24 March 2020
2
0
1
My ex partner has our son (almost 3) 3 weekends a month we don’t have a court ordered agreement. My ex partner wants to take him to visit his nan in south Australia for 2 weeks and I don’t want him to take him. It will be the longest time he will have been away from me and I’m concerned he won’t handle it. Where do I stand on saying no? Do I have the right to stop my ex taking him on holidays?
Thanks
 

sammy01

Well-Known Member
27 September 2015
3,944
561
2,894
Firstly, state borders are gonna be closed in a few days.

Do you have a parenting plan? Does it state that the child will be with dad for 2 weeks?

You don't really have any right to tell dad what he does while the child is in his care. So if there is an agreement (parenting plan) then you should refer to that. If it doesn't say anything then yup the kid can go...

Guess what - kids bounce. Just a thought... So since you've not mentioned any at risk factors... How much damage can really be done to a kid in 2 weeks? Life long trauma? nope not likely... Kids are pretty resilient...

But I do think it is all hypothetical - Corona is gonna stop the trip.
 

Atticus

Well-Known Member
6 February 2019
642
114
2,394
You can object yes... Under current border controls, he & child would need to remain in isolation for the entire 2 weeks on arrival, & again when they arrive back into Victoria I believe..

Add to that the recommendation from the medical experts that children should not be visiting grandparents if unnecessary
 

Isabeleileen

Member
24 March 2020
2
0
1
Firstly, state borders are gonna be closed in a few days.

Do you have a parenting plan? Does it state that the child will be with dad for 2 weeks?

You don't really have any right to tell dad what he does while the child is in his care. So if there is an agreement (parenting plan) then you should refer to that. If it doesn't say anything then yup the kid can go...

Guess what - kids bounce. Just a thought... So since you've not mentioned any at risk factors... How much damage can really be done to a kid in 2 weeks? Life long trauma? nope not likely... Kids are pretty resilient...

But I do think it is all hypothetical - Corona is gonna stop the trip.
It’s not until the end of the year not in the current situation.
 

sammy01

Well-Known Member
27 September 2015
3,944
561
2,894
Have you agreed for dad to have the kid for 2 weeks over summer? If yes then you've got nothing as far as telling dad what he can do with the kid during his time. Just as he has no right to tell you what to do in your time.
Google "Shared parental responsibility". Basically the parent who has the kid gets to make the day to day decisions. Go to SA? Go to Tassie... But it doesn't extend to deciding to move permanently to this place or that...
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,367
673
2,894
Sydney
First up, no, without orders, then, inside Australia,
you basically can't refuse, or stop, him.
(overseas, very different story)

Second up, if it's that far in advance, then I do not suspect a ploy to abduct get the child out of your reach.
Anybody who was going to steal the child and hide it behind Corona-closed borders
would not be giving you several months advance notice.

Third up, I am slow to accept as reasonable your claim of "...I'm concerned that he won't handle it".
Rather, I wonder what is it about the child as an individual, even given his tender years
that he is so lacking in relisilence that he "can't handle" (whatever that means)
two weeks in the company of a parent he knows well, and surrounded by his family.
The child is entitled to know and have a relationship with both sides of his family.
Absent orders, you don't get to obstruct that.

Bottom line, if you really want to resist, apply for orders.