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Ex wants to get kid a passport and take them to Bali

ex and i broke up when our daughter was 3 months old. since then we've been in and out of court because of her psychotic and vindictive nature and she's determined to ruin my relationship with our daughter (who is now 11).  Last round in court i battled for 2 years for full time care of my daughter and won even though she lied and lied, mate i can't tell you how many lies she came up with.  shes filthy rich because she inherited a lot of money and because i already had my daughter fulltime and im back studing i had to rely on legal aid and have no money in the bank whatsoever.  since then shes bitter and has done eveything she can to kick me down and ruin my time with our daughter.  i heard from my (legal aid) barrister at the hearing that she'd spent around $150k trying to get my daughter off me, no wonder shes so bitter now that she lost.

anyway now shes sent me an email (no talking with this one she will twist everything around to suit herself) saying shes taking our daughter to Bali in 2 months when its her turn in the school holidays to have our daughter for 2 weeks.  No discussion or consultation, just shut up and accept it.  theres Orders that say we both have to facilitate getting our daughter a passport.  Theres nothing in the Orders that says anything about not going to non-Hague countries.  It says we only have to give each other 6 weeks written notice of overseas itineraries and flight details.  Orders also say the passport has to be housed at the FCA at all times and we both have to sign to get it out.

so obviously im supposed to sign the passport papers shes sending me because thats in the orders.  But im not happy that shes taking our daughter to Bali - i got so sick there once i nearly died, there hospitals and doctors are useless and every mate i know whose gone there has been really sick.  also saw that Bali has an Aust government current warning about travel there because its a terrorist threat.  plus Bali (indonesia) isn't a party to the Hague convention.

A few things about my ex - she has more than enough money to never work again.  she doesnt have a job because she doesnt need one.  shes bitter and angry about losing her bid for full time with our daughter in court last year.  her only family is a sister that lives interstate that she has no contact with ever.  she sold her home last year and (according to my daughter) hasnt bought a new one, she's renting the place shes in now.  she travels all the time overseas, last holiday was earlier this year for 3 months, ive got no idea where she went but she's used to being away from australia.  shes got a boyfriend but its not serious, he lives in NZ and according to my daughter, they hardly see each other.

is this grounds for opposing her taking our daughter to Bali?  its not a hague country and shes seriously lost the plot with bitterness since i kept my daughter after the last court fight.  plus theres the travel warning to bali, im just not comfortable with our daughter going there.

any help would be great because theres no way i can afford to pay for advice  :(
An option that you may consider is to refuse to sign the application, in other words, contravene the orders, and be prepared to explain these concerns to the court should the other party decide to file contravention proceedings against you. If a parent contravenes court orders the court may decide to take no action against a contravention if it is found that it was reasonable to do so. This course of action puts the ball back in the other parents court, so to speak, and they will be responsible for the costs of taking action. You do not need to be represented, but you will need to be able to clearly express your concerns regarding the proposed travel plans, both  orally and in writing. I would suggest reading through the SRL information on this site.

In what I have read, and experienced, the court treat travel to non-hague convention countries warily, and may decide to impose a bond upon the other parent, in the event of allowing the travel. I am sure the court would also consider any risk to the child regarding the matter of a Commonwealth Government travel alert for a particular destination.

However, with all that said, should the court find that your reasons for a contravention not be reasonable, then they may make a decision with which you are not in agreement, and costs may also be awarded against you.

Last edit: by kathg


A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.
Is your ex from Indonesia or Australia? This is important.

The facts as stated by you give cause for concern:

Very wealthy;
non-Hague country;
sold a property and rents;
use to being overseas and can afford to;
does not have a job in Australia; and
the government warning re Bali.

It would appear that you have grounds. She has the financial ability to do a runner and fight you.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
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