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Interstate Travel on Christmas - Ask Family Court for Permission?

Discussion in 'Family Law Forum' started by Cupcake, 24 September 2015.

  1. Cupcake

    Cupcake Well-Known Member

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    Hi There,

    I am hoping someone can help. I am wanting to take my child interstate for 5 days over xmas to spend time with extended family and family visiting from overseas. Current family court orders state shared care over xmas day and xmas eve, however in the past the other parent has taken leave overseas and not bothered with his time at xmas.

    I have asked the other parent for "permission", however he has refused. Given he has taken many many holidays and foregone his time with the child, I believe that whilst I understand he wants to see the child around xmas, that he is being more than unreasonable given this is our first interstate holiday in 3 years.

    Can someone tell me if/how I can apply to the family court to permission to travel? I'd rather not just up and leave as he would probably try to have me arrested for kidnapping or something petty like that. I think the family court would grant me 5 days to travel interstate to be with family over xmas. The alternative, if we don't go, is that we are here on our own over xmas with no family at all, just so he can spend 24 hours with the child.


    Thanks in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

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    "We are stuck here on our own over Xmas with no family, just so he can see the child for 24 hours".

    Incorrect.

    You, not we, are stuck without family, and to the contrary, the child would be stuck without his dad on Christmas Day if you took him interstate. It's also not "just so he can see the child for 24 hours", like your child's dad is just a petulant inconvenience for you both. To the child, it's "I get to see dad for a whole day at Christmas!!" If it's so important that you spend time with YOUR family at Christmas, why not leave the child with his dad for the five days?

    Anyway, I don't agree the court would grant a block of five days to you over Christmas because it wouldn't be in the child's best interests to do so. I think the father would easily have that application dismissed, and I would even argue that it could be added to his evidence as a failure on your part to recognise the needs of the child and support is relationship with both parents.

    What you might consider doing instead is requesting block time just after the father's time with the child at Christmas so you can take the child interstate.
     
  3. Cupcake

    Cupcake Well-Known Member

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    1. Child does not want to go, but I always encourage child to go.
    2. Father does not want child for any longer than 24 hours.
    3. Father goes away and has gone away for xmas every other year.
    4. Father does not ask for extra time, make up time and always declines offers of more time.
    5. Father puts her in care when its school holidays as he doesn't want to use his leave on her.

    Why it is important is that I have an extended family arriving from overseas for christmas, they've just lost their mother and we all want to be there for them. If my child stays with dad (which again she doesn't want to) it is her and him and he puts her in care while he goes to work, as he refuses to take time off work for her in the holidays). Anyway, I guess the details are a necessary evil on this website saved you are JUDGED instead of an opinion of the LAW given.

    You are not judge and jury ALLFORHER. You are not here to judge people, but rather just offer some sort of advice without the personal insults, assumptions and attacks.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Then by all means, go and argue it out at court if you're so convinced that you're correct. What you've argued here has nothing to do with the child's best interests, and you can check that against section 60CC if you like, along with the extraordinary number of cases where one parent has found out the hard way that the court doesn't take to parents who are critical, argumentative and don't in any way believe the other parent to be important to the child's well-being.

    This is why you shouldn't self-represent - because you need a lawyer to tell you how it is to your face, rather than anonymously from behind a keyboard.
     
  5. AllForHer

    AllForHer Well-Known Member

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    Oh.

    You can file an application in a case to seek the amendment to interim orders, and you will need to provide an affidavit of evidence supporting the orders you're seeking.

    Good luck.
     
  6. Cupcake

    Cupcake Well-Known Member

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    Anyone have any suggestions?
     
  7. AllForHer

    AllForHer Well-Known Member

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    I've already answered this question with legal guidance, and devoid of reality as requested.

    You can file an application in a case to seek amendments to the interim orders. You will need to include an affidavit of evidence supporting the orders you're seeking.

    Read here for more information: Application in a Case - Federal Circuit Court of Australia
     
  8. Cupcake

    Cupcake Well-Known Member

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    Best interests of the child is an interesting concept and one in which , I believe , the court fails to consider adequately.

    No one will ever convince me it is in a child's best interest to be court ordered to spend time with neglectful, abusive, violent parents. Making a child go when they don't want to is even more horrendous.
     
  9. Blue Grass

    Blue Grass Well-Known Member

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    I know of one case 2 years ago where the judge approved of a block of 4 weeks for a dad to take the children overseas at Christmas so the mother didn't get to see the kids at all until mid new year ! Totally against the other parents wishes. Depends a lot these days on which judge you get, and how much money you have to pay lawyers. For us so far $200,000 and all we got was 3 very very unhappy children Sorry to tell you but it is just not worth fighting, your chance of winning are pretty much zero.
     

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