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?
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?
