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QLD Children Have Been Moved Interstate - No Family Court Orders

Discussion in 'Family Law Forum' started by Pryor, 7 May 2015.

  1. Pryor

    Pryor Active Member

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    Really hoping I can get a little help. My children have been relocated to another state without my knowledge or permission. There's no family court orders in place and although I do not live in the same town as my children I do live in the same State, well should say I did.

    Wondering if someone could give me a quick run down of my rights and what I should do from here?
     
  2. AllForHer

    AllForHer Well-Known Member

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    You can apply for a recovery order in conjunction with parenting orders.

    Family law proceedings of any nature are quite slow, but it's important, of course, to be patient with the system and do everything right, otherwise it may complicate your matter later.

    Your first port of call is Legal Aid. Request a consultation with one of their solicitors to get legal advice - it's free. You can also apply through Legal Aid to do a family dispute resolution conference, which is mandatory before any family law proceedings can commence. The mediator may deem mediation to be unsuitable, but alternatively, if it is deemed suitable but you're unable to reach agreement with your former spouse through family dispute resolution, you will receive a s60i certificate which must be included in your initiating application for parenting orders through the court.

    If you pursue court proceedings, you can file for a recovery order concurrently with parenting orders. A recovery order is a request that the court order your former spouse to relocate back to the state with the children, but the parties will need to show why the orders sought are in the best interests of the children. When deciding what's in the children's best interests, the court will look at the factors outlined in s60CC of the Family Law Act 1975. For example (and this is only an example), if the children are quite young, you might have concerns that they will be unable to maintain a meaningful relationship with you due to the tyranny of distance impacting their capacity to spend time with you on a regular basis.

    Have a read here for some more information:
    - Recovery orders
     
  3. Pryor

    Pryor Active Member

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    Thank you so much. I will do as you suggested. This is the children's second move in 6 months and it is an unstable situation. Visitation will now be reduced due to increased costs and length of time needed to travel for only a short stay. Devastated is an under statement.
     
  4. AllForHer

    AllForHer Well-Known Member

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    The cost might be an issue you wish to raise in family dispute resolution.

    For example, the ex is probably not going to want to move, nor deal with proceedings, so offer some middle ground so that the ex might be compelled to avoid both. You could request the ex pay for all additional costs associated with the new travel distance. Additionally, you might wish to seek that the children spend school holidays with you so that their time with you is not just in short bursts. If the distance is long enough, you might be able to negotiate two or three weekends each term, and all of Term 1, 2 and 3 holidays, as well as a few weeks in the long summer holidays.

    If the children are very young, though, more frequent 'time spent with' arrangements are generally preferred to maintain a meaningful relationship.

    The court has a tendency to give preference to the reasonable party, and frowns upon parties who make decisions unilaterally without the other party's consent or even knowledge. Parents who refuse to recognise the other parent as equally important to the kids tend to have orders made against them, rather than in their favour. I'm not saying the court will definitely order relocation - after all, distance was already an issue - but it may order the ex to pay costs of travel and will give priority to the children spending time with you in such a way that their best interests can be met.

    Hope this helps.
     
  5. Pryor

    Pryor Active Member

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    I try for all school holidays now however as they are different in the State she has fled to it means they have two big block holidays and only one week the other two making it a long trip for them and extremely costly. Meaning I will only see my children every 6 months. :(
     
  6. Anubis

    Anubis Well-Known Member

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    If they have relocated then there is some urgency. It should get you past the need to do FDR.
    Definitely get yourself off to Legal Aid ASAP.
    make sure you take along your proof of income. If you can do a quick timeline detailing the taking of the children, what time you spent with them and your attempts to find them etc.
    You will also want to make the lawyer aware of any D&A or family violence issues. It pays to be frank with your lawyer about your own slip ups as well.
    Good luck
     
  7. Pryor

    Pryor Active Member

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    Moved mid term for the kids and without a word, well until they had already arrived because I called her and wouldn't advise where they are staying. No D&A or any violence issues. I have always been there for my kids and always put them first. Shame as the Father I seem to have less rights.
     
  8. Pryor

    Pryor Active Member

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    The reason she has left without advising me first is because she knew I wouldn't agree and wouldn't be happy about them being relocated again only 6 months after the last move plus it is again a lot further away from me making it hard to see the kids. So she took it upon herself to do it in secret as it's done now and she knows I will have a real fight on my hands to change what has happened.
     
  9. Anubis

    Anubis Well-Known Member

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    Your Ex has made it more difficult for you to have a relationship with them which is significant.
    Multiple moves are destabilising for kids, which is also significant.

    She has also done it unilaterally.

    In my experience the FCC has on occasion been perfectly willing to order parents back despite the cost or at least the children until the arguing is done.

    Go see Legal Aid mate. The basic presumption is that children have the right to a relationship with both parents. You and your ex also share responsibility.

    It is worth at least finding out if you have a fighting chance.
     

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