NSW Likelihood of Getting Relocation Request Approved?

Discussion in 'Family Law Forum' started by Alchemy, 14 January 2018.

  1. Alchemy

    Alchemy Well-Known Member

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    We are in the process of doing consent orders. He has put in a very strong clause against relocation without his permission.
    These orders are not finalised and have not been signed by either parent. Or lodged at court.
    Is the next step to oppose that clause and add in relocation? That probably doesn’t make sense at the time spent with children wouldn’t be the same if relocated.
    So do I apply to court and Include all my reasons for wanting to relocate and how I intend on facilitating their continued time with their father etc
     
  2. Rod

    Rod Lawyer
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    If you can't get consent, then yes.
     
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  3. Alchemy

    Alchemy Well-Known Member

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    Thanks Rod :) I’ll approach the subject with him first and if not in agreement I’ll lodge with the courts for a relocation order. Thanks again
     
  4. Alchemy

    Alchemy Well-Known Member

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    One more question please. When approaching him in relation to the relocation. Do I advise him I’m wanting to relocate and give a date of needed response. If no response assume it’s ok and relocate? Or still apply to the courts?
    He’s the type of person who regularly doesn’t reply unless it’s something he wants. I’m assuming he won’t wven give my email the time of day.
     
  5. sammy01

    sammy01 Well-Known Member

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    You tell him you're leaving. He is likely to write back and say he doesn't agree... You move anyways... He goes to court, you don't look good.

    You go to court and apply for relocation - with no consent orders in place, you have a better chance.... But I'd consult with solicitors... Doing this as a DIY is hectic. I dont fancy your chances of winning with a good barrister, even less so if you're doing it DIY
     
  6. Alchemy

    Alchemy Well-Known Member

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    I have no intention of just up and leaving.
    How do I stand legally if I give lots of notice and he doesn’t respond?
    Eg I say I want to leave at the end of the year and ask for consent. He doesn’t reply. I ask again. Still no response. Where do I stand please?
     
  7. Alchemy

    Alchemy Well-Known Member

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    Just wanting to clarify that I’m wanting to take my eldest son back to the coast to be with his father because we have reunited and want to be a family again. He can’t move to where we are due to his business.
    I’m struggling to further myself here as there are no job opportunities in my degree and it’s depressing.
    It’s not just a matter of me wanting to take the younger kids away from their father.
     
  8. Alchemy

    Alchemy Well-Known Member

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    I known it’s a difficult situation. But I’ve suggested, every school holidays. I come back wiht kids once a school term. He can visit also.
    Skype whenever they want.
    So the most they would go between visits would be maybe 3 weeks.
     
  9. sammy01

    sammy01 Well-Known Member

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    You could write something like
    I intend to relocate to ZZZZZ by XXXXX. Please advise by XXXXX if you object.
     
  10. Alchemy

    Alchemy Well-Known Member

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    Ok so I know he’s not going to consent as he has put a. Sry strong clause in the interim consent orders that we don’t move. So is it better for me to approach him and ask directly and have him say no and lodge to the court for us not to move.
    Or is it better that I just apply to the courts?
    Sorry if this sounds as though I’m going around in circles!
    Just wanting to clarify how to proceed pls?
     
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