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NSW Travel for Work - What are My Family Law Rights and His?

Discussion in 'Family Law Forum' started by Ching, 20 April 2015.

  1. Ching

    Ching Member

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    I have been raising my kids solely for years. The father has been living overseas on and off, and limited involvement in their life. I'll be away for 5 days/4 nights travel for a work conference soon. I have organized my partner who I trust and my kids know him over a year. I also notified my ex-husband with my arrangement.

    I would like to find out, do I need to inform him under family law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    If there are no orders in place saying that you must inform him, then no, you don't need to provide him with this information. With whom the kids spend time during their regular time with you is a day-to-day decision which does not require consultation with the other parent.
     
    Ching likes this.
  3. Ching

    Ching Member

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    My childs' fathers indicate that he wants to take them for overseas holiday this June/July team breaks. Am very reluctant trusting him will bring them back to Australia. They are very young, only 10 and 7 years old, both girls.

    I said traveling overseas not at option, and his replied "I can go to court and get an order and waste money or you can be reasonable".

    Would like to find out what's my rights and his?
     
  4. AllForHer

    AllForHer Well-Known Member

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    If there are no orders in place, he is able to take the children overseas if both parties have already consented to the acquisition of their passports.

    It is true that he can pursue parenting orders through the court to enable them to travel. Likewise, you are within your right to contest it. It's impossible to predict which way the court would rule on something like this, but he sounds like he is a reasonable person if he not intending to travel without either your consent or the consent of the court. If he intended not to return the kids, why pursue consent at all? Kids are ordinarily only stopped from travelling where the circumstances strongly indicate the children would not be returned, and a lack of trust isn't really a good enough reason.

    You continue to discuss 'your rights' and 'his rights' and I just want to clarify that neither you, nor the father, have any rights whatsoever under the Family Law Act 1975. Only your daughters have rights that the court will uphold, and those rights are to know, spend time and communicate with both parents and other people relevant to their care on a regular basis, regardless of the nature of relationship between their parents.

    You've said the father has had limited involvement, but it sounds like he may want to have more involvement than you have allowed. I think you should know that if the father pursues parenting orders permitting travel, it's likely he will pursue parenting orders for all other matters, and it will look bad for you if you're not seen to encourage and support the relationship between the children and their father. Remember, your daughters love their dad, even if you don't.
     

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