NSW Recovery Order

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stepmum

Well-Known Member
17 December 2018
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Hi looking for some advice.

Current situation with interim orders in place for 50/50 care with shared parental responsibility of 10 & 12 year old. Kids have lived in NSW for 8+ years now and have family and friends here. Gone to school here and nowhere else. OP wants to move kids interstate to where they were born as she has bought a house in another state (for cash) after telling us she can not afford to live in NSW anymore.
Have not consented to her taking the kids and it has been documented. Very high conflict her way or the highway. She is gong to go no matter what her solicitor says or we say. We know it will be between now and end of Jan but that's all we have to go on. We will file a recovery order but was wanting to know what happens with care if we are successful with a recovery order? We know it will take her a while to come back to NSW due to work, housing etc. If and when she comes back would it go back to 50/50 care? Just concerned she will just go again.

Thanks
 

stepmum

Well-Known Member
17 December 2018
29
0
121
Has the mother filed an application to relocate?
No. We have been waiting for her to file one but nothing. We honestly don't think she will. We have a number of messages her stating she is going. She has been advised numerous times by her lawyer that we will file a recovery order. She doesn't care though.
 

stepmum

Well-Known Member
17 December 2018
29
0
121
Without reading all the material, it maybe better to file an application in a proceeding seeking an injunction preventing the mother from relocating.
Ok. We haven’t been told about that. We will look into it straight away.
 

Atticus

Well-Known Member
6 February 2019
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@stepmum ... I would expect your lawyer would be more successful in filing an injunction preventing mum for removing the child rather than preventing mum from relocating, especially if mum has already purchased a house