NSW Seeking Costs for Travel?

Discussion in 'Family Law Forum' started by Mygirl07, 13 June 2018.

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  1. Mygirl07

    Mygirl07 Active Member

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    Can one party seek costs associated with loss of funds they paid for travel because the other party did not consent to the travel?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Not to my knowledge. What do your orders say about travel? Does travel require consent? If so, why book it before you had consent?
     
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  3. Mygirl07

    Mygirl07 Active Member

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    Orders have nothing about travel. Yes and I’m not sure why she paid for travel without consent. Mum has reneged on her consent to my travel and is seeking consent for her travel stating she will seek costs if I don’t consent.

    I am being told that court won’t agree to a “blanket” travel orders (with conditions) and realistically neither will Mum (she wants to make up excuses for every request). So I guess it’s lawyers and court each time I want to take her overseas or no overseas trips.
     
  4. sammy01

    sammy01 Well-Known Member

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    Tasmania in Summer,
    The territory in Winter.

    Just not worth the grief mate.
    Let mum take you to court for your consent for her to travel... While there you can ask for the same...

    So you have booked a OS holiday, and missed it because of mum? Just need a bit more detail
     
  5. Mygirl07

    Mygirl07 Active Member

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    Yup taking my step children and wife overseas. Was hoping to also take my daughter. Everyone will miss her. But looks like it is not to be...
     
  6. AllForHer

    AllForHer Well-Known Member

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    That’s a shame that Mum is refusing. What an experience she’s going to miss out on. She won’t thank her mother for that when she’s older.
     
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  7. Mygirl07

    Mygirl07 Active Member

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    She is very much aligned with mum and says that she doesn’t want to come and doesn’t care that she will miss out.
    Hard to hear but I know she isn’t responsible.
    I think I might have to take Sammy’s advice and stick to interstate in the future.
    If I don’t consent to mums travel, can Mum go to court and get the one off travel approved? Will this end up costing me in terms of a response as well?
     
  8. AllForHer

    AllForHer Well-Known Member

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    Well, Mum can file an application to allow the one-off travel, but you can file a response seeking an order that both parents are allowed to travel. The Court will consider both and frankly, I think the chances of that going in your favour is a lot higher than it going in hers.

    Re: costs, if you represent yourself, it won’t cost anything.
     
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  9. Mygirl07

    Mygirl07 Active Member

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    Thank you.
    Do a lot of people actually self represent?
    Isn’t this dangerous?
     
  10. AllForHer

    AllForHer Well-Known Member

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    I think the last statistics were that one in every two family law matters in Australia had at least one party representing themselves, so I would say it is fairly common. Of course, it’s always better to have a lawyer, but the cost of legal representation makes it unattainable to many, so they’re left with the choice of put up and shut up or represent yourself.

    How risky it is to your case though really depends on your confidence and willingness to learn a bit about family law. The biggest challenge SRLs bring to the Court is not really knowing protocol and presenting documents that are half-baked - they’re unclear or missing information or distracted by issues not relevant to the matter at hand. But if you sit in on a few cases one day to see how things are done and use the many resources available to prepare yourself properly, it really isn’t as risky as it maybe sounds.

    For your situation, I, personally, wouldn’t have any hesitation about representing myself because provided neither of you are a flight risk, equal freedom to take the child overseas for holidays is a no-brainer.
     
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