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NSW Keeping Son in Australia After Separation?

Discussion in 'Family Law Forum' started by B Holder, 4 October 2016.

  1. B Holder

    B Holder Member

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    Hi there,

    I have two children (one fifteen, one eleven ). Both myself and wife are New Zealanders who moved over to Sydney 6 years ago. My wife and I are in the process of undergoing a separation (her decision) and she now wants to move back to NZ (where her family are) and take my 11-year-old son. Although I agree with the separation, I have a very close relationship with my son and obviously do not think it would be in his best interest to go.

    I am concerned that although she has family back in NZ, she has no work or regular income here in Australia (I am the sole income) or back in NZ . I am also worried that him being in NZ and his mother not having the funds to send him back to Australia on a regular basis will have a negative impact on both our relationship and with his older sibling.

    I'm just wondering what family law rights I have to keep him here in Australia. Any help would be very much appreciated.
     
  2. sammy01

    sammy01 Well-Known Member

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    Put his passport in your back pocket. Easy...

    Or tell her that you don't give consent for her to move with kid to NZ but that won't stop her. That way, if she does do it, you can apply for recovery orders. But the courts might say no...

    Or apply to court for the kid to be put on airport watch list. Court possibly won't grant it and it will cost a lot of money.

    Take the passport.
     
  3. Matthew Lynch

    Matthew Lynch Lawyer

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    Hi B Holder

    You need to file an Initiating Application in the Federal Circuit Court of Australia without delay and seek an urgent Order that the children are placed on the Airport Watch List. That will prevent her taking the children out of the country.

    Recovering them after she leaves will be much more difficult.
     
  4. B Holder

    B Holder Member

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    Thanks Matthew
     
  5. B Holder

    B Holder Member

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    Thanks
     

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