Relocating child abroad with consent order

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BrokeGirl7

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26 June 2018
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There's been a change since my previous post. My ex husband has unexpectedly signed a consent order my lawyer wrote 18 months ago. This gives me sole parenting responsibility and him visitation for 7 weeks per year in the school holidays. The order also states that I can leave NSW (I already left 12 months ago to move to the Gold Coast anyway).

With this consent order, can I now move to another country without further permission? Can he now do anything to block a move to another country if he isn't happy with me moving? He will still get his 7 weeks with our daughter, at my expense.

Thanks
 

Atticus

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6 February 2019
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My ex husband has unexpectedly signed a consent order my lawyer wrote 18 months ago
Was it filed with the court, accepted & stamped as final orders by consent?... If not then it's worthless.

With this consent order, can I now move to another country without further permission?
No, because of this section of the Family Law Act >>> FAMILY LAW ACT 1975 - SECT 65Y Obligations if certain parenting orders have been made: taking or sending a child outside Australia
 

Atticus

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6 February 2019
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Also... If the application for consent orders is dated & signed by you 18 months ago, you will have to have a new statement of truth signed & dated because the application expires in 90 days from the first signature.. Your Lawyer should know this
 

BrokeGirl7

Active Member
26 June 2018
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Was it filed with the court, accepted & stamped as final orders by consent?... If not then it's worthless.


Yes, this is about to be stamped as final orders by consent by the court.

Is there a laymans explanation of: FAMLIY LAW ACT 1975 - SECT 65Y? I am trying to read it but I don't understand.

What else would I need to relocate my daughter outside of Australia on top of the full parental responsibility signed off by the court?

In regards to the document being signed by me 18 months ago. My lawyer just sent me a new copy with an updated date, I signed it, ex-husband is signing this week and then it will be sent / presented to the court for approval and stamping.

Thanks
 
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BrokeGirl7

Active Member
26 June 2018
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I've read that law again and I think it says that I need permission from the father IF I have a parenting order in place UNLESS that parenting order states international relocation is ok?

Does this apply to me? It looks like the law is making an assumption that a parenting order is dictating how we parent together when my order just gives me complete parental responsibility and therefore is not the same context as section 65Y?

I'm asking here as well as my lawyer because I'm interested to see other perspectives. I'm considering changing to another lawyer as she tends to progress things without telling me and doesn't explain much.

This is the order (in brief)

DRAFT CONSENT ORDERS

IT IS ORDERED


1. That the mother has sole parental responsibility for the child.

2. That the child shall live with the mother.

3. That the mother be permitted to change the child’s residence outside of the state of ORIGINAL STATE OF MARITAL HOME

4. That the child spend time with the father as agreed between the parties.

Is this not enough?
 
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Atticus

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6 February 2019
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Is this not enough?
No... If an order is silent regarding international travel or relocation then S65Y applies...

You can either have the new consent order application amended to include the relocation (that would be best) or have a separate dated document signed by both parents regarding the relocation..

Be aware that as you are seeking sole parental responsibility, there is a *possibility* that the court registrar who's job it is to confirm the order & stamp it may have questions around why SPR needs to be granted...

Also... "as agreed between the parties" is way to too vague... It needs to set out the times & that you intend to cover flight costs

Also...When you have the final stamped order, you should have the order registered in France
 

BrokeGirl7

Active Member
26 June 2018
10
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31
No... If an order is silent regarding international travel or relocation then S65Y applies...

You can either have the new consent order application amended to include the relocation (that would be best) or have a separate dated document signed by both parents regarding the relocation..

Be aware that as you are seeking sole parental responsibility, there is a *possibility* that the court registrar who's job it is to confirm the order & stamp it may have questions around why SPR needs to be granted...

Also... "as agreed between the parties" is way to too vague... It needs to set out the times & that you intend to cover flight costs

Also...When you have the final stamped order, you should have the order registered in France

My ex husband didn't want the visitation timings to be documented as he said it will be too restrictive for him. I can push to include something high level like: "3 weeks out of the summer school holiday and 4 weeks to be spread over the remaining school holidays to be agreed by the father in advance".

Is the need for SPR is questioned, I am not sure that we have a good answers. It's just easier for me to manage my daughters decisions given that she only sees her father 7 weeks per year and he's generally uninterested in making decisions. Trying to get him to look at schools was like pulling teeth until I just ended up doing it all myself. He tends to "go with the flow" rather than proactively manage anything. I don't believe these are credible reasons for SPR though. Certainly SPR would be easier if we were in France.

In summary, it looks like I still need to call out the international relocation in the consent order DESPITE it already saying that I can relocate out of NSW. My next challenge is getting the French to give my daughter a visa as they will need proof of sole responsibility so yes, registering the orders with the French is something I will do assuming I can negotiate this move with my ex husband.
 

Atticus

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6 February 2019
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it looks like I still need to call out the international relocation in the consent order DESPITE it already saying that I can relocate out of NSW
Yes you absolutely will... Although France is outside of NSW, being OS S65Y prohibits even travel outside of Australia without formal written consent, under threat of 3 years imprisonment. So Very important..
 

BrokeGirl7

Active Member
26 June 2018
10
0
31
Yes you absolutely will... Although France is outside of NSW, being OS S65Y prohibits even travel outside of Australia without formal written consent, under threat of 3 years imprisonment. So Very important..

I'm not clear why my lawyer has not informed me of this or added an international travel clause to the consent order. I will follow up with her. Thank you for your help.