VIC Can Ex Stop Us from Relocating Under Family Law?

[WAWendy]

I've been separated for more than 6 years, divorced for 5. I have 3 kids and have remained in the hometown in VIC for the past 6 years. My ex lives in NSW but within a 45 minute drive. He & I have no formal agreement or consent orders in place.

Basically, the kids have lived with me full-time and visited their father every 2nd weekend. Sometimes for 2 nights sometimes for 1. I am their primary carer. Both the eldest children are off to uni and will soon be over 18. My son is 12 and he and I would like to move interstate. My son is very keen to move with no encouragement from me.

Can I just move or if I approach my ex and he says no, can he stop us under family law? Or what if I decide to move and my son chooses to live with me?

Thanks for providing this service

 

[AllForHer]

So, the simplest question about this is 'Can I just move?'

The simple answer is yes, you can, because you don't have any parenting orders in place that might restrict you from moving.

If you do, however, the father can apply for a recovery order to have the child returned to the town of origin. It's impossible to know how an application of this nature would go, but the main influencers are as follows:

1. The child's age. At 12, the Court would likely give the child's opinion some weight, but it wouldn't be the only deciding factor. You'd otherwise need to show that it's in the best interests of the child for the relocation to take place.
2. Your capacity to continue supporting the child's relationship with the father even in spite of the relocation. If the child can no longer see dad every second weekend, what's your alternative proposal? School holidays? One weekend a term? Long weekends? If you don't have any alternative proposals that ensure the child keeps seeing his dad, it's unlikely the Court will support the move.
   
3. Is the move in the best interests of the child?

So, my suggestion is to talk to your ex about it before making a move and see if you can reach an agreement about how things will work if you do move. It might save you a lot of time and funds on court proceedings.

 

[sammy01]

Yep, I agree... If you just up and leave, you also risk being told to relocate back to the original area until court can sort it. So that is two removalists etc, etc...

Much better of seeking an agreement... My ex gets about 70% of all school holidays. Plus the kids miss about 12 days of school a year for additional visits but it was worth it.