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VIC Consent Orders - Wife Wants to Move Interstate with Children - Options?

Discussion in 'Family Law Forum' started by Jason Roberts, 12 November 2015.

  1. Jason Roberts

    Jason Roberts Member

    12 November 2015
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    We currently have 50/50 custody of children (week on/week off) arrangement for our 2 children via Court Consent Orders in place back in 2013. She now wants to move interstate with the children who have stated they do not want to go. We attended mediation and it was not resolved. She has now initiated court date in December in Adelaide. Her affidavit was lodged in October.

    I was meant to receive it by 23 October but only received it on 2 November. Can the Court date be changed and is it advisable? As costs are so high, is self representation advisable? Any other mediation services available that would take in the children's requests?
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    In a case of relocation I would think to make sure you have the best chance of keeping them from going overseas that you have a lawyer represent you.

    A lawyer would know exactly what cases to use to try and stop your ex from relocating.

    See Get Connected with the Right Lawyer for You to be connected to a local lawyer who specialises in family law.
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  3. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    How old are the kids?
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  4. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    I was kind of close to your situation. I had 5 nights a fortnight with the kids and my ex was making rumblings about moving 6 hours away... My ex threatened to go to court but I think she realised that she would have limited chances of getting a good result and gave up.

    My thinking went like this: I was going to self represent for as long as I felt comfortable but I expected that if it went to a hearing, I'd get a solicitor...

    So my thoughts go like this: look don't fret about asking for an adjournment unless you get a solicitor and they advise differently...

    Be up front with the intention to make the magistrate understand that you can't afford representation and intend to self represent. It is my understanding that some magistrates are more accommodating than others. So if you rock up and the magistrate says you are a fool for not having representation then go and get some representation. If magistrate says "good", then continue with self representation...

    Go and get a book from the library called "Breaking Up" By Robert Larkins. He is a barrister and wrote a how to book on self representation. It is a must read for anyone thinking about self representation.

    But look, legal representation is a bloody good idea.
    Jason Roberts likes this.

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