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NSW Can I Still Relocate With Son Under Family Law?

Discussion in 'Family Law Forum' started by Los Mom, 1 June 2016.

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  1. Los Mom

    Los Mom Member

    1 June 2016
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    I have been the primary parent for my four-year-old son since his birth. His father sees him most weekends. Three weeks ago, the father moved from our current town in NSW to Melbourne in Victoria for work. We mutually agreed that I would relocate also to make it easier for him to spend time with his son and also due to more opportunities being available there (I have extended family, friends, a partner and support services, as well as schooling and extracurricular activities being available for my son).

    After several discussions and two weeks without his father seeing him, we arranged that my son would stay with him (in NSW as he said he was coming back for a weekend trip) whilst I travelled to Victoria to apply for housing. After spending a few days in Victoria and successfully finding a place to live, I returned to NSW to collect my son and begin the process of moving. Upon answering the door, my son's father began yelling and screaming, telling me that he no longer lives in Victoria and is not going to allow me to take my son.

    He did not inform me or suggest that he was even contemplating moving back to NSW let alone that he had quit his job and had no intention of returning already.

    Am I within my right under Family Law to still relocate to Victoria with my son or does this mean I am now going to be required to stay in NSW?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi there,

    A court can refuse permission for you to move away from your ex if it will mean he will spend significantly less time with your son. If you cannot agree on terms for your relocation - for example to extend the length of your child's stay with him when he visits etc, and you move anyway, then he may be able to apply to the court for orders.

    Check this out:

    Relocation and travel - Family Court of Australia
  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    What have you got on paper? Evidence to show that you're intention to move was based on the father being in Melbourne? Have you signed a lease? Is staying in NSW possible? Where is the child now?

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