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NSW Can federal circuit court force an adult to stay

Discussion in 'Family Law Forum' started by Samantha-Jane, 29 July 2017.

  1. Samantha-Jane

    Samantha-Jane Active Member

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    I am currently going through the federal circuit court re parenting arrangements. I am wanting to know if the courts can actually force a parent to stay in nsw when i am from interstate and where both parents lived for years and where the child was born. I am wanting to go back interstate(where my career is) with or without the child, can the courts force me to stay. Some lawyers state they cant force but then i have heard yes they can.
     
  2. AllForHer

    AllForHer Well-Known Member

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    The Court doesn't often impose on a person's right to freedom of movement, but it can restrict relocation of a child, rather than the parent.

    Some more common outcomes are that Parent A can relocate to X State with the child and the child sees Parent B, or if Parent A stays in Y State, the child lives with Parent A and sees Parent B, or if Parent A relocates to X State, the child stays with Parent B and sees Parent A.

    If Parent A is the non-resident parent, though, the Court is unlikely to restrict their right to relocate.
     
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  3. Rod

    Rod Well-Known Member

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    The court will generally only restrict a parent if it is in the best of the child. There are not many cases where this holds true.
     
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