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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44891
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I currently i have interim orders to reside at a particular

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I currently i have interim orders to reside at a particular address in NSW, i am the primary carer and the father to spent time with the child as agreed between both parties.My mum is visiting and we want to spend about 5 nights away, max 4 hours away, so still in NSW. What this be a problem?The father and i have an agreement that he has the child every 2nd weekend (going away would not interfere with his weekend) also agreed is that he picks up the child on wednesdays from daycare, us going away the child would not be attending daycare on this particular wednesday but will be on the Friday. If the father doesnt agree to change the one off wednesday, does that mean i should make the child available to the father even though i have offered make up time, the father only spends a maximum of one hour with the child on wednesday, wednesday just gone he only spent 35mins before dropping him off to me.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Customer: replied 2 months ago.
Written response is fine

Good Morning

Do the orders specifically say where the children are to reside?

If you are taking then 4 hours away you should speak to the father and get his consent. Also you should advise where the children will be staying and any contact numbers.

If you will be away when the father is to have the children and you do not advise him you will have problems and he will have a right to seek orders for a contravention. It is always best that you offer him alternatives to the day he will lose eg. a long weekend the next time he has the children etc.

Make sure all this is in writing and if he does decide to take you to court you have evidence that he was being unreasonable.

This is all you can do.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards
Leon

Customer: replied 2 months ago.
The orders state for me to return to kempsey with the child. The child to live with the mother. The father vacate the property and that i have sole use. No particular dates or times are stipulated re access.Going away wouldnt interfere with his weekend just the wednesday when he collects the child from daycare.

Good Afternoon

Because you have an agreement that has been working he can rely on that.

This is why I am saying best to advise and come across and the party that is willing to work with him. I hope this is clearer?

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