NSW Can federal circuit court force an adult to stay

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Samantha-Jane

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2 June 2017
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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.
 

AllForHer

Well-Known Member
23 July 2014
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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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Rod

Lawyer
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27 May 2014
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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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