NSW Relocation Order Breached?

[AlleyS]

I have a final order that states that I can change my son's residential address under the provision that I give the father 3 months notice on the intended suburb.

2.5 months ago an email was sent to the father stating that I was moving to a shire. For staters, I can only have access to about 2 km of this shire due to a restriction from the Sydney GPO. But I admit I misread the court orders that stated that I needed to provide a suburb. 2 weeks before we move into our new place the father is stating that I can't move because I didn't give them a suburb, which in his terms i'm breaching orders.

The fact is the bond has been paid for and we've given notice to our current landlord. We need to move since we will have no house at our current address as of two weeks time. Can I have your opinions on what could happen next?

 

[Migz]

If Dad, files his $120 contravention, it will more than likely result in a slap on the wrist for you. But in saying that, this is classed as "technical" breach, now you say that you advised Dad of the move 2.5 months ago, yet in that correspondence, you didn't mention a suburb, which is strange, so I take it the email said hey ex we are moving to the next shire over in 3 months, this being the case, and Dad never responded with a follow up email, of, Hey which suburb will little Johnny be living in? And has left it until now to do something about it. What will happen, nothing... But if Dad did ask at any point and you never answered then he has a case.

Side note, contraventions in Federal Court, run as their own court case, the First hearing is infront of a Registrar, all he wants you to do is resolve it there and then, so it doesn't chew up courts time... Second is another hearing infront of the presiding Judge, third is hearing/trial, it will take upto 6 to 12 months to have it finallised. Its a joke.

Does your move result in additional travel time or reduced access to the Child for Dad? That is the main question...

 

[AlleyS]

If Dad, files his $120 contravention, it will more than likely result in a slap on the wrist for you. But in saying that, this is classed as "technical" breach, now you say that you advised Dad of the move 2.5 months ago, yet in that correspondence, you didn't mention a suburb, which is strange, so I take it the email said hey ex we are moving to the next shire over in 3 months, this being the case, and Dad never responded with a follow up email, of, Hey which suburb will little Johnny be living in? And has left it until now to do something about it. What will happen, nothing... But if Dad did ask at any point and you never answered then he has a case.

Side note, contraventions in Federal Court, run as their own court case, the First hearing is infront of a Registrar, all he wants you to do is resolve it there and then, so it doesn't chew up courts time... Second is another hearing infront of the presiding Judge, third is hearing/trial, it will take upto 6 to 12 months to have it finallised. Its a joke.

Does your move result in additional travel time or reduced access to the Child for Dad? That is the main question...

He never responded to the email until last week saying that I gave him a shire instead of a suburb. I would have given him a suburb if he asked. There’s no hiding it. The stupid thing is this has all gone through our solicitors, so my solictor should have picked up this error that was made. But not much I can do about that now.

I have no idea where the dad intends to live (he agreed to move wherever we moved). That’s why he wanted the 3 months notice to find a place etc. I just wasn’t sure if it was a big enough breach that I would be sent back to the original area or worse my son be taken off me.

 

[sammy01]

Is the move gonna impact on dad's ability to see the kid. So for example If you're moving from Gosford to Wollongong and the kid is meant to spend time with dad for 3 hours on Tuesdays, well that is a problem...

If dad is just trying to find a breech just to cause grief and this will have stuff all impact on his ability to spend time with the kid then he is wasting your time, just ignore him

 

[Rod]

Suburb/town/city doesn't matter unless there is some restriction on location and based on your post there is but you are still within the required limit. A court is unlikely to consider the omission of suburb a breach unless the address could not be determined from the information you provided.

What matters is effect on dad's time.