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WA No Family Court Orders - Can Ex Take Kids Overseas Without Consent?

Discussion in 'Family Law Forum' started by Dezzy, 2 July 2016.

  1. Dezzy

    Dezzy Active Member

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    Good evening everyone,

    I'm recently divorced and having a horrid time with the kids' mother. I have been scrolling the internet for a while and found this fantastic site where I can ask the questions that have been running around in my head for weeks.

    As the title says, can she take my kids overseas without my consent? I have no family court orders in place, apart from which states she can't relocate without my consent, as she's previously moved states without my consent while I was away at work.

    Thanks in advance for any replies.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I assume you don't have any orders from the Court. Does she have the passport for the kids?

    If she were to take them overseas, is it likely to be a permanent move or just a holiday?
     
  3. Dezzy

    Dezzy Active Member

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    Hi Allforher, and thanks for replying,

    No, I don't have any orders in place in regards to the kids apart from one which stops her from moving states as she's previously done without my consent.

    She says it's for a holiday (Bali), but who knows?

    Yes, she has the passport for the kids, both under 18.
     
  4. AllForHer

    AllForHer Well-Known Member

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    If she has the passports, that's as good as consent for overseas travel, and the only real way you can intervene is with an order for placement on the Airport Watch List.

    Unless she's from Indonesia, and has enough ties there for the Court to believe she could relocate there, the Court is going to refuse to place her on the Airport Watch List. The conditions it might impose, though, are that she provide a full itinerary of travel, including contact information and travel dates, and that she had the passports into the Court for holding on her return.

    So, my suggestion - and this isn't legal advice, just a suggestion - is that you politely request a travel itinerary and a copy of the return fares before her departure. Realistically, it's Bali, it's a holiday destination, and the kids will probably enjoy it. You need to assess the risk of her relocating permanently before you make any attempt to intervene on the mother's travel plans through legal avenues.
     
  5. Dezzy

    Dezzy Active Member

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    Thanks for your reply.

    She basically told me then jumped on the plane, no contact details and her phone will be off, so no contact with my kids.

    It's just frustrating that it's all one way traffic with her, considering I don't even get to go to the school..

    Thanks for your help, much appreciated.
     
  6. sammy01

    sammy01 Well-Known Member

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    Mate, pick your battles. This one is lost.

    So let's move on... Mate get yourself to court. Get court orders that provide you with time with the kids. Make sure the orders provide for you to pick the kids up from school on Friday, if possible. Why? Well if she is being a twit then even court orders can't make a twit stop being a twit and you'll find yourself standing at McDonald's waiting for her to drop off the kids and you will go home without them. But if you're picking the kids up from school, it makes it harder for her to stop you.

    Now, why don't you get to go to the kids' school? Just seems a bit crazy.

    Mate, time to start fighting back and this site is a good start and obviously cheaper than asking a solicitor and the help here is often just as good.
     
  7. Dezzy

    Dezzy Active Member

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    Thanks for the replies, really appreciate the help.

    Funnily enough, she has me picking up the youngest (8) up from McDonald's when she allows her to visit me. She now arrives with her new partner, not that it bothers me, but why?

    I come home from work (SA) as I work away (WA) to find my house empty. She had moved out to another house in SA. I never saw my kids for 7 weeks after this. I eventually started to see them at the weekends and pick them up from school and give them their dinner before taking them home, which was good as I was getting nothing.

    My oldest (12) at the time had a fall out with me as I asked her to put her phone away as she was constantly texting her mum. Since then, she has never spoken to me. Then when I came home from work again she had moved states to WA without telling me and sent a letter to my lawyer in SA stating she had been abused and all sorts of lies. Those were obviously denied.

    So since she has been in WA 2 Years, I've been told to stay away from the school as my oldest collects my youngest and that my oldest is terrified of me and I'm not part of their routine. She would rather put the youngest into daycare than me have time with her.

    We tried mediation for the kids which I thought was a great idea, but I was sent a form from the mediator to go to court.. She is trying to poison my youngest's mind by saying some hurtful and shocking things about me which are just lies, but she is aware of what is going on, not that I'm asking her. My oldest wanted to see me as my youngest told me, but mum won't let her.

    I don't get to go to sports days and everything is a big secret to me.

    I've asked for photos of the oldest which were denied as she doesn't want to betray her. I've just finished property settlement and money is now tight, but I have to fight this as it's getting way out of control and all dictated by the mum.

    Sorry if I've rattled on a bit, but it was just to give you a rough idea of what has happened.

    Thanks
     
  8. sammy01

    sammy01 Well-Known Member

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    You can contact the school - they should provide you with reports and a digital version of the school weekly news letter. Start taking as much interest as you can, do parent teacher nights, etc... Go to stuff where parents are allowed. Maybe if the eldest gets some time with you at school you can at least have a chat to see if the kid wants to spend time with you. Once you get that far, then court might be worth it...

    So what sort of access are you getting at the minute?
     
  9. Dezzy

    Dezzy Active Member

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    Thanks for the reply Sammy.


    At the moment I work away which is not ideal, I understand that.

    I come home for 10 days every 26 days. I try to get her the Saturday I arrive back if my ex has nothing on, if I do, I keep her overnight and hand her back Sunday evening. I then collect her again the following Friday and have her Friday, Saturday night, handing her back Sunday evening. Then I go back to work on Monday evening for 26 days. I don't see my eldest at all. I text her now frequently, but the Mum asked me why I was texting her and told me to stop, so I did.

    I've asked countless times to drop her off or pick her up from school, but no is the answer. The school is aware of me! For what reason, I don't know.
     
  10. sammy01

    sammy01 Well-Known Member

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    So by the sound of things, you're getting access to the youngest. That is about all you can do...

    So school knows about you. That means she has told the school that you are the devil incarnate and they should call her if you rock up. Sadly, the teaching profession ain't as professional as it should be, but you should contact them and tell them you want reports, etc.

    Mate, attend some events, help out, when you're home, impress them. The principal knows that he has limited legal responsibility and unless the ex can provide him with paperwork to say differently then they should be nice to you. I'm assuming no AVO, etc.

    As far as the oldest one goes, mate, you're on a hiding to nothing in court. So all you can do is try your best to make sure the kid knows how to contact you and that you care.
     

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