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NSW Travel for Holiday - Parenting Plan and Family Law Requirements?

Discussion in 'Family Law Forum' started by Edited, 14 June 2015.

  1. Edited

    Edited Active Member

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    What are the legal requirements for taking a child to another state for a week or so to travel for a holiday? I have been told I need a clause in my parenting plan to cover this. However, I cannot see why, as I certainly would not be leaving the country, and it would only be a week at most.

    I'm not a jerk, of course I would inform the other parent before going anyway, but I'm wondering what the family law legal requirements are, and if the other parent could stop me.
     
  2. AllForHer

    AllForHer Well-Known Member

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    You don't need consent for domestic travel, only international travel. The court takes the view that the parent with whom the child is spending time is responsible for day-to-day decisions, and where the child goes for brief holidays and who with is a day-to-day decision. So long as the time you're away with the child doesn't interfere with the child's time with the other party, there should be no problem.
     
  3. Edited

    Edited Active Member

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    Thanks for that, it is as I had thought. :)
    Unfortunately my mediator doesn't seem to understand that, which is disappointing as it meant nothing got put into the parenting plan this time around. Where would I source the resources for the mediator so that they are properly aware of this, as I am not talking about a cheap service, but rather the private mediator that the other party insists on using - so far I have spent around $3000 on mediation that I could've had for free, and it seems the mediator isn't even properly aware of the relevant laws!
    I'm not complaining about the cost because I am a miser, that $3000 could have been spent on my daughter instead of mediation, if only my ex would see it that way!
     
  4. AllForHer

    AllForHer Well-Known Member

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    Well, holiday time as in the time the child spends with you during gazetted school holidays should be included in a parenting plan, but anything about holidays as in going away to another destination for a week on vacation doesn't need to be included.

    For example, the agreement would be something like: "That the child spend time with the father for the first half of the gazetted school holidays". It wouldn't be "That the child go on holidays with the father to the Whitsundays for a period of 7 days commencing 6 July 2015". Does that make sense?
     
  5. Edited

    Edited Active Member

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    It makes sense to me, but not to the other party, and seemingly not to the mediator. The child in question is not yet in school, being that she is 3.5 years old. To me this seems like a good reason to try and spend a little extra time now, but apparently I need to wait until school starts, which effectively limits the times I will be able to holiday with her.
    Currently I am able to have up to four nights at a time with my daughter, which doesn't seem like much to me, it severely limits where I can take my daughter to see distant family, where a week long holiday wouldn't (I have family in Tasmania). My concern is that the opportunity to be able to avoid peak periods (school holidays) is not going to be able to be utilized, and like everything else in this process so far, I am left paying a premium price to even attempt to have these experiences with my daughter. Which ultimately means she misses out on seeing those family members.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Perhaps you could pitch an agreement to the effect of: "That until the child commences preparatory school, the child spend holiday time of no more than 7 consecutive days with the father each annual quarter, with the father to provide at least one month's notice of intended holiday time with the child," and "That from when the child commences preparatory school, the child spend holiday time with the father for the first half of gazetted school holidays".

    Something like that might be a suitable middle ground, perhaps.
     

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