Interstate Child Relocation

Lawyer-in-charge: Luisa Gaetani

Luisa’s client, a father of two children had an informal agreement with the Mother to spend equal time with the children. The Mother informed the Father that she would be taking the children on a holiday to Victoria and provided the Father with an itinerary including the return flights for the children to Sydney. At the time the children were due to land in Sydney, the Father was at Sydney Airport awaiting their arrival, however, the children did not arrive.

The Mother switched off her mobile phone and was not contactable, leaving the Father in great distress. Eventually, the Father received correspondence from the Mother that she would not be returning to Sydney with the children and instead would be residing with the children in Victoria. Luisa filed an urgent recovery application which was heard within six weeks of the above taking place. Orders were made for the children to return to Sydney and live with the Father. Since that time, the parties engaged in mediation and resolved their dispute entirely and now have formal orders in place.