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What happens if my ex takes children interstate without my written permission?

Help we have interim orders where I see my children every second weekend but now hes refusing to give them to me on my weekend because hes taking them on a so called holiday hes already disaapeared with them once before for 7 weeks, Im frigtened hes going to do it again. PLease help? Simone
simone1010 said
Help we have interim orders where I see my children every second weekend but now hes refusing to give them to me on my weekend because hes taking them on a so called holiday hes already disaapeared with them once before for 7 weeks, Im frigtened hes going to do it again. PLease help? Simone
 
What do you mean, "so-called"? The Easter school holidays are coming up shortly and lots of people are going away for a break.

When did you find out about the intended holiday and what was your response? Have you suggested some "make-up" time for the period they're away?
Interim orders are fairly light usually, especially when dealing with holidays.

The Easter holiday and two weeks or so of school holidays is almost upon us. Have you discussed any holidays? He should be aware you can't just "dissapear" for a large number of weeks or in fact any weeks if you have orders in place UNLESS you agree to change something between you. In fact I would dare say that without an order that says something like "the parties can agree to amend these orders by agreement" or something along those lines you may not even do that. He is stuck having to give you contact every weekend if that is the order regardless of holidays or any other event.

Notwithstanding the above the suggestion from Craigo of negotiating some additional "Make-up" time is a good one. The kids may enjoy a nice holiday so why not facilitate that and show the court some parental cooperation here. How old are the children as they won't be able to be kept out of school outside of the holiday period.

Executive Secretary - Shared Parenting Council of Australia
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keep a record of everthing. you may need it later
The court does not usually have a problem with interstate holidays. As suggested you need to talk to the other parent re your concerns. If the orders are not followed you can file a contravention against the parent which will may take a while to be heard or file for a recovery order to get a hearing at short notice.
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