QLD Changing Custody of Children Order After Change of Address?

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running

Well-Known Member
13 March 2016
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2
124
I have 50/50 custody of children of my 9-year-old son. He has been with me for 3 and a half weeks for my half of school holidays . I have heard from friends that he has moved in with new GF during that time. Son will be going to his dad's and will be sharing a bedroom with new GF's teenage son. Son has confirmed this.

Custody orders say that we both must inform each other of change of address.

I am extremely not happy with this situation. Both with the fact that son is being moved into new GF's (we only split 10 months ago) and that he will be sharing a bedroom with an unrelated teenage male.

The reason ex is moving in with GF is because he wanted to keep all assets, including expensive property and other assets and he borrowed money for barristers, which I couldn't afford to defend, so I got royally screwed because I had no menu left to fight it in family court. Now he has to pay all this money back and has decided to move in with his GF to do it. Which I wouldn't care about, except my son gets dragged with him.

So:

1. If he has not informed me of change of address, what do I do about it?

2. What are the chances that if I take this back to family court, I can change the 50/50 orders?
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
1. Have you received actual court orders in relation to the change of address? Or is it a parenting plan that you guys have agreed to?

2. Generally there are provisions in place before a child moves in with other people in their residence. Were these outlined in any parenting plan or court order?
 

running

Well-Known Member
13 March 2016
25
2
124
1. They are parenting orders, signed by a judge.

2. There were no provisions put in the orders about moving in with someone. We only split at end of February, 2016. He rushed everything into court two weeks later.
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Ok, this opinion is based on not reading the exact orders. Sorry in advance - you may not like this.

His breach of the orders by not providing you with notice is probably quite a 'minor' misdemeanour on his behalf. It's not like he is withholding the child from you (thankfully) which is considered to be a more serious breach of the orders.

It's probably not worth you filing anything in court, because the court will probably turn around to him and say 'You're a bad person for not following the orders and giving notice, next time do it better' and not really put any penalties for that.

So you'll be wasting both time and money and probably sour the relationship further. Instead, maybe speak to your ex and express your concerns, possibly even meeting the new boy that will be sharing a room with your son.

That will hopefully create a better relationship with you and him and in turn your son.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Sorry to be blunt but...get over it.

Yep he should tell you the address and he probably will...Ask him.

Now your boy sharing a room. Again I'm guessing there is nothing in the orders to stop it...so again, get over it...
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
1. Ask him.

2. Zero.