NSW Leaving My Husband - What are My Rights Under Family Law?

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


18 August 2015
I've been married for almost 8years living in NSW. My husband & I have 2 children under 5years. I want to leave my husband and take my kids with me. What will happen if I took my children back to Qld? I've no family or friends here for support, it's depressing, which is why I need to go back!

My husband does not help me out with anything. I do everything from cooking washing/putting dishes away, even maintaining the lawns! He is more than happy to help his family or friends out (even when he is sick). I also never get help with the kids. He will either go outside work on his cars or sit watch tv while on his phone! He is not good with money either. When I was working, I would make 1200 a fortnight & he would only give me $150 out of the money I worked hard for!

He has threatened to kill me a few times (something he says out of anger and has denied & the last threat was years ago and I have no proof of any of it). He's never really laid a hand on me, apart from one time he slapped me across the face in front of a room full of people. That was 6 years ago!

Although I do feel bad about wanting to take our kids but I just need to leave before I fall into a deep depression. My children deserve to see their mum happy! I just want to know, what are my rights under family law? I cannot stay here any longer, I need to be around positive people that support me!

Please no nasty comments, I've been wanting to ask this for years, just don't know who to turn to for help!!


Well-Known Member
23 July 2014
Under family law, you don't have any rights, only your children do. Section 60B of the Family Law Act 1975 stipulates that children have a right to know, spend time and communicate with both parents on a regular basis, regardless of the status of relationship between said parents. You also both automatically share equally in parental responsibility, which means both you and the father have equal say about major long-term decisions relating the children's care, welfare and development, including who they live with.

While ever there are no orders or parenting plans in place, you can relocate with the kids without the father's consent, but be warned that the father can pursue a recovery order to have you move back to the state of origin with the children, and the court will not look highly on such a decision made without consultation with the father.

I would suggest organising a family dispute resolution conference (or mediation) to discuss care arrangements for the children following separation. If you want to relocate, consider how you intend on facilitating the children spending time with their father, how it will be paid for and how often. Legal Aid offers free consultations in relation to parenting matters, so get in contact with them for some legal advice.
  • Like
Reactions: DadonaMission