NSW Likelihood of Getting Relocation Request Approved?

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sammy01

Well-Known Member
27 September 2015
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721
2,894
You asked
"Left the kids with you so she could move away from you ? And you took the kids rather than let them stay with their mother?"
yes... You seem a bit shocked by this... Do you work on the assumption that a woman is inherently better at raising kids than a bloke? Because you're wrong.
I WROTE...
"Francis - you have not given much detail but based on what you've written and only based on that let me tell you something. YOU hare appalling..."
I'd like to apologise. You're not appalling. You're an idiot. Sorry. I normally try to be very nice here and I am...

See here is the thing. If you come on a site like this and give some advice. Without providing the whole picture you are giving people mis-guided information. Based on the information in your original post I replied. I showed that the courts have a range of things they can do.. Nope they can't force someone to return to a previous location. BUT they can impose heavy fines including prison sentences on people who don't follow court orders.

Now I really don't like the smug looking emoji thingy at the end of your post. Here is why.. What if our original poster came and read your original post. The one where you don't mention that Child Protection services advised you to move.. And armed with YOUR STUPID advice our original poster thought SWEET I'll do that too... BUT our original poster has not mentioned that Child Protection was involved. So we can safely assume they're not involved. Hence moving away with the kids could cause her all sorts of troubles..
By all means come here - give advice, most of us rely upon our own experiences to provide that advice because none of us are solicitors... But when you only tell half the story of your experience you're putting other people in a predicament of following your advice even though it is not applicable to their case...

Just for fun... Here is a case where the mother wanted to move to America. She claimed dad was violent. In the end the courts removed ALL of the mother's legal responsibility for the children. Basically with a stroke of a pen MUM was removed from making any decisions pertaining to her own kids... She got to spend time with them, but she had no right to decide where they go to school, what doctor they see and any medical treatment that occurs to the kids. Dad had a responsibility to invite mum's opinion, but ultimately he can do what ever he wants.
Withers & Russell and Anor [2016] FamCA 793 (20 September 2016) without consent ;mask_path=au/cases/cth/FamCA
So yep - the courts have a range of powers available to them. In your original post you asked 'what can the courts do?" indicating that you thought they cant do very much. Sure they cant force you to move back to such and such a town... But they can force you to wear prison clothes... ouch.
 

Malissla

Well-Known Member
24 April 2018
135
2
389
You asked
"Left the kids with you so she could move away from you ? And you took the kids rather than let them stay with their mother?"
yes... You seem a bit shocked by this... Do you work on the assumption that a woman is inherently better at raising kids than a bloke? Because you're wrong.
I WROTE...
"Francis - you have not given much detail but based on what you've written and only based on that let me tell you something. YOU hare appalling..."
I'd like to apologise. You're not appalling. You're an idiot. Sorry. I normally try to be very nice here and I am...

See here is the thing. If you come on a site like this and give some advice. Without providing the whole picture you are giving people mis-guided information. Based on the information in your original post I replied. I showed that the courts have a range of things they can do.. Nope they can't force someone to return to a previous location. BUT they can impose heavy fines including prison sentences on people who don't follow court orders.

Now I really don't like the smug looking emoji thingy at the end of your post. Here is why.. What if our original poster came and read your original post. The one where you don't mention that Child Protection services advised you to move.. And armed with YOUR STUPID advice our original poster thought SWEET I'll do that too... BUT our original poster has not mentioned that Child Protection was involved. So we can safely assume they're not involved. Hence moving away with the kids could cause her all sorts of troubles..
By all means come here - give advice, most of us rely upon our own experiences to provide that advice because none of us are solicitors... But when you only tell half the story of your experience you're putting other people in a predicament of following your advice even though it is not applicable to their case...

Just for fun... Here is a case where the mother wanted to move to America. She claimed dad was violent. In the end the courts removed ALL of the mother's legal responsibility for the children. Basically with a stroke of a pen MUM was removed from making any decisions pertaining to her own kids... She got to spend time with them, but she had no right to decide where they go to school, what doctor they see and any medical treatment that occurs to the kids. Dad had a responsibility to invite mum's opinion, but ultimately he can do what ever he wants.
Withers & Russell and Anor [2016] FamCA 793 (20 September 2016) without consent ;mask_path=au/cases/cth/FamCA
So yep - the courts have a range of powers available to them. In your original post you asked 'what can the courts do?" indicating that you thought they cant do very much. Sure they cant force you to move back to such and such a town... But they can force you to wear prison clothes... ouch.


At no time did I rely upon what I was advised by Child Protection, at the time no one was aware of that advice I relocated because the house owner wanted to sell the house, I relocated a considerable distance away. So my advice was sound and as you rightly pointed out they cannot force you to move back, prison is the last and the first resort - there are a whole lot of other options available to the court including fines you can pay off at $5 a week. We all have to pay a price for what we want and sometime it's worth it, first you would need to be taken to court and have the matter heard, in my experience nothing ever gets heard, it is always dealt with by consent orders. The courts only allow for 15 minutes per case, they simply do not have the time for alleged breaches of orders.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
No - your advice is reckless.
The concept of Shared Parental Responsibility means that one parent does not have a right to make decisions that impact on the child's capacity to have a relationship with the other parent... But that is what you seem to be wanting to do.

Sadly, the family courts are flooded with cases - You're right, often each case only gets 15 minutes and as a result it can take years for the system to impose the rule of law... The impact is lots of kids being deprived of a relationship with one of their parents. APPALLING.

You should write a book - "How to scam manipulate and use every loophole possible to prevent your child knowing their other parent'. I'm sure you'd make lots of money.... APPALLING.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Please stop 'attacking the person'.

It is a sad fact of life domestic abuse is real, domestic violence is real. People die from domestic violence.

Dealing with a nutter is completely different to dealing with a violent nutter. So, one poster dealing with DV issues needs to handle the situation differently to another poster dealing with an ex who is merely delusional.

Present your arguments and why, then leave it to the OP to decide what works in their situation, there is no need to start or respond in a way that gets personal. I admit it can be hard to resist and I've fallen into this defensive mode from time to time. Occasionally an OP needs a wake call but not sure I see that here.

What I am seeing here, is crossing the line of what I believe this forum is about.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Rod, I think you may be right... I think I mis-understood. I think? Francis moved away on her own? without the kids? OR she moved away with the kids but the kids were ordered back.

Again, all we can do is respond to the info that is provided and sometimes when info is missing it leaves us to fill in those gaps and that can lead to mis-understanding...

Francis - if you have been in court for 8 yrs, I'd suggest you explain your situation as transparently as possible and realise you will get some good honest and accurate opinions here.
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
I also let this person wind me up a bit too much. Apologies to everyone else. Logically, this "woman's" story makes no sense when you run the posts "she" has made side by side. Something is not right
 

Malissla

Well-Known Member
24 April 2018
135
2
389
Im sure Dad does not care where you live as the kids live with him yes? Haven't you been in court for 8 years and got nowhere?

No, my children live with me, you make a mistake every time you type. I've been involved with a case for 8 years, yes but only because he - like you - is a narcissist who can't accept the facts and let go.
 

Malissla

Well-Known Member
24 April 2018
135
2
389
No - your advice is reckless.
The concept of Shared Parental Responsibility means that one parent does not have a right to make decisions that impact on the child's capacity to have a relationship with the other parent... But that is what you seem to be wanting to do.

Sadly, the family courts are flooded with cases - You're right, often each case only gets 15 minutes and as a result it can take years for the system to impose the rule of law... The impact is lots of kids being deprived of a relationship with one of their parents. APPALLING.

You should write a book - "How to scam manipulate and use every loophole possible to prevent your child knowing their other parent'. I'm sure you'd make lots of money.... APPALLING.

Oy, listen to me, when a parent puts the lives of their children at significant risk you have every right to prevent your child knowing the other parent. What is the alternative - let your children remain at risk of death ?