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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5362
Experience:  Dip Law LPAB - Sydney based lawyer
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I am in a defacto relationship yrs we live together with

Customer Question

I am in a defacto relationship for 6 yrs we live together with two children aged 3 & 5. The relationship is starting to end and I think we'll be separating soon. We live in Qld he has family in NSW. Recently he booked flights for himself and our children to fly to interstate to Sydney for a week long holiday without me and without my permission. Can he do this?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
Unless there is a court order in place stopping him, then he can lawfully take them on a holiday without your permission, but if he doesn't return them you should be able to make an urgent application for their return given there usual place of residence is Queensland and the court would likely order that they be returned. However, if you find yourself in that situation it is important that you apply to the court urgently, as any delay will make the court less inclined to order their return.If the father does remove the children and fail to return them, then my strong advice is for you to engage a family lawyer as a matter of urgency to make an urgent application to the court on your behalf. If you have a follow up question, please advise otherwise please rate my answer.Thanks,Patrick

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