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SA Chances of Recovery Order If Relocated 80km Away?

Discussion in 'Family Law Forum' started by Cupcake, 11 December 2014.

  1. Cupcake

    Cupcake Well-Known Member

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    Hi,

    Does anyone have any experience with relocation within the same State but 80km away from original location? I am looking to move to a smaller town as its more affordable. What would be the chances of success if my ex tried to get a family law recovery order for us to stay.

    Thanks.
     
  2. Sophea

    Sophea Well-Known Member

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    Do you currently have court orders in place with respect to the custody of your child? Do they contain a relocation clause? If this is the case, technically, you must apply to the court to have the orders varied before you relocate.

    However, relocation is generally considered to be a move some distance from the child's other parent. A court will take into consideration whether it makes circumstances significantly more difficult for the child to spend time with the other parent. 80km really isn't that far, and I am guessing it will not change the frequency with which the child sees his or her other parent?

    I'm not super experienced in this area, so I don't want to say dogmatically one way or the other, but I think you would be okay moving 80 km away, provided visitation is not affected.
     
  3. Cupcake

    Cupcake Well-Known Member

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    I have orders not to leave the state, so a move within the state I think would be ok if the current visitation would be able to be maintained, which it would. Only factor may be that he could complain that it inconveniences him....
     
  4. AllForHer

    AllForHer Well-Known Member

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    First, please know that all relocations should be discussed with the other parent. This is a long-term decision affecting the kids, and if you share in parental responsibility, the father has equal say about it.

    Second, if you're moving 80km away, I assume the kids will be moving schools. Dad also has an equal say about that.

    Third, what level of inconvenience are we talking here?

    For example, if dad ordinarily collects the kids from school, and you plan to move them to a school 80km away, are you expecting him to leave work an hour early so he can still collect them from school, and then drive them another hour back to his home so they can spend time with him? And is he expected to wake up at, say, 5am instead of 6am to drop them back to said school on the following Monday?

    Since it's your decision to move, the court may also decide it's your responsibility to accommodate the orders without any inconvenience to the father at all. It may expect that you drive the kids to the father's house so they can commence their time with him at the ordered time. Or it may expect you to fund all costs associated with the move, including travel expenses for the kids to see their dad.

    If my step-daughter's mum moved 80km away, my partner and I would be pursuing a relocation order on grounds that unilaterally moving from 4km apart to 80km apart interferes with the child's capacity to have a relationship with her dad and his family, and demonstrates a lack of insight as to the kids' needs.

    Just some things to consider.
     
  5. Cupcake

    Cupcake Well-Known Member

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    Hi

    Thanks for the reply. I can see all those things to from the other parents perspective however don't agree it's a lack of insight in to the needs of the kids - quite the opposite in my case.

    Here's a few more considerations from my side:

    Father sees child 3 nights a fortnight
    Refuses to pay school fees
    Takes overseas holidays without notifying me leaving me to find babysitters
    Father refuses to pay anything toward childcare
    I have zero family in the state they are 500km away. There with only 2 days of 9-3 Kindy and the inability to afford childcare more I don't work
    I love on govt benefits and minimal child support.
    He refused my relocation application to my home town where I have free accomodation, childcare with family and jobs waiting.
    I cannot afford to live in the city having only $200 pw available for rent in a 2br flat. We previously lived in luxury, he still does earning over $140k pa. Before I met him I was warning over $60k unencumbered.

    My reasons for moving 80k - cheap houses $250 pw for 3 BR house with yard so we don't have to get rid of our pets. Jobs that I can work 9-5 and still drop her at school and can afford after school care. In the city the kids would have to be in care from 7-6 to allow me time to get too and from work. Small community less travel more time for being with them.

    Lack of insight like I said the opposite. Trying to do the best for my kids with the mess I've been left with because he ticked off with someone else.

    This is my point with family law. I understand the need for kids to have both parents in their life but I've cimmitted no crime and believe it's so unfair I'm a prisoner of you like to this man and can't live my life with freedom of movement as is a basic human right. Where is the fairness in the people with majority care?! He can live and do whatever he likes and i have to pick up the pieces and suck it up, but I cant? Seems the other parent holds all the cards!!
     
  6. Cupcake

    Cupcake Well-Known Member

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    Everything I do is for my kids. I dont want them to be affected (they have already) anymore by their living situation and lifestyle and moving 80k away offers some reprieve to the dire position im in living in the city. He doesn't care about them I do.

    Lack of insight is quite offensive to say really without knowing the why's.

    I spend my last dollar on my children often going without myself while their father drives new cars, lives in luxury and holidays overseas and refuses to pay his share of costs and sees them minimally.

    I've been left disadvantaged because of this and it seems there's little I can do to make our life better regardless of my efforts. What do you do I'm at the end of my patience to be honest!
     
  7. AllForHer

    AllForHer Well-Known Member

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    I am not trying to offend you. 'Lack of insight as to the child's needs' is a legitimate claim made by parents in court and has on more than one occasion left them without primary care of the kids at all. What I'm trying to give you is a realistic idea of what the court may consider in this relocation. That's all.
     
    Amanda E likes this.

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