QLD Custody of Children - Can Ex Prevent Interstate Relocation with Child?

[WilmaFiinstone]

Hi

I live in QLD with my 10-year-old daughter. Father of daughter lives in NSW. Court orders state that the child lives with the mother.

We have joint custody of children /parenting responsibility.

There are visitation schedules set out in the order when father comes to QLD for select weekends and daughter goes NSW for school holidays.

Can I relocate to NSW with her and what process must I follow to have orders amended. He will not mediate and we have extremely limited communication via email.

I understand that he has equal say in what school she attends.

I understand that QLD school holidays are different to NSW holidays so the change in term dates need to be communicated.

I might add that he has no property family friends business or other interests in QLD other than the purpose to visit with our daughter.


Thank you for any guidance.

 

[sammy01]

So relocating would make his access easier?

I'd suggest you move and if he has a problem he can take you to court. But since the move isn't impacting (presumably) on his ability to see the child, I doubt courts would care.

 

[WilmaFiinstone]

So relocating would make his access easier?

I'd suggest you move and if he has a problem he can take you to court. But since the move isn't impacting (presumably) on his ability to see the child, i doubt courts would care

Hi

I live in QLD with my 10 year old daughter. Father of daughter lives in NSW. Court orders state child lives with mother.

We have joint custody/parenting responsibility.

There are visitation schedules set out in the order when father comes to QLD for select weekends and daughter goes NSW for school holidays.

Can I relocate to NSW with her and what process must I follow to have orders amended he will not mediate and we have extremely limited communication via email.

I understand that he has equal say in what school she attends.

I understand that QLD school holiday are different to NSW holidays so the change in term dates need to be communicated.

I might add that he has no property family friends business or other interests in QLD other than the purpose to visit with our daughter.


Thank you for any guidance.

Good morning thank you for your post. The access would be the same. He is in Canberra I would be in Newcastle. There is a direct flight between the 2 destinations at the same cost. There is one convenient factor in his favor being the airport is 30 minutes away from residence not 1 hour.

Do you have opinions on how to approach schooling? Joint parental responsibility do I tell him to look into schools and so will I then swap notes?

 

[sammy01]

Are you going public or private school?

If public school... In NSW, you have to seek an exemption from the rule around borders. Basically, the expectation is the kid goes to the nearest school unless there is a good reason to grant an exemption. The fact is schools generally are happy to accept the exemption... But, you could rely on that rule to help determine that the nearest public school is the one the kid should go to.

 

[WilmaFiinstone]

Good morning thank you for your post. The access would be the same. He is in Canberra I would be in Newcastle. There is a direct flight between the 2 destinations at the same cost. There is one convenient factor in his favor being the airport is 30 minutes away from residence not 1 hour.

Do you have opinions on how to approach schooling? Joint parental responsibility do I tell him to look into schools and so will I then swap notes?

Sammy01, if when I write to him to let him know my intentions if he said no I don't think its in the best interest to move her from her current school and friends can that be a valid argument if I still keep her in a private school like she is in now. im thinking a court cant order me to stay outside of the state that he lives in? no domestic issues etc but he can be a spiteful so trying to do this with no confrontation.

 

[sammy01]

I'd advise him of your intention to move and invite him to initiate court proceedings if it is a problem. Do it in writing.

Then wait. If he doesn't respond, you can take that as implied consent.

It is a bit risky because he could take court action once you move. BUT I seriously doubt he'll have any success.

 

[Hummingbird]

Agree with sammy. Advise him in writing and he will have a set period of time to respond. If he refuses, go to court and seek permission to relocate/ change orders. It is then up to the both of you to argue why the move or the denial is in the best interests of the child.

Will it be easier for the father to exercise visitation in NSW?
Does the move provide for better financial or educational opportunities for the children?For example, are you getting a promotion or new job that pays significantly more that isn't available where you are, or does the child have a particular talent or skill where the move allows them specialised training or opportunities?
Is there family in NSW that the child will be able to have more meaningful relationships with?

Try to anticipate what reasons the father may give for denial and how you can mitigate them or prove them irrelevant. Better yet, if he has no reason for denial apart from to be contrite, your chances are likely good the court will grant permission to relocate. Bonus points if the move allows for any more access or financial benefit to the father in your proposed updated orders.

Yes you can just move, and leave it to him to take you to court. It isn't like yo both lived in the same state and forcing you to move back to QLD would be practical. The risk is you would have then demonstrated unilateral decision making against orders or without the fathers permission which you were aware he would not give, and this would either reduce your credibility and likelihood of your proposed changes going through, or at worst make the father look more agreeable to a point where an increase in access is given to him more than you believe is reasonable.

 

[WilmaFiinstone]

Agree with sammy. Advise him in writing and he will have a set period of time to respond. If he refuses, go to court and seek permission to relocate/ change orders. It is then up to the both of you to argue why the move or the denial is in the best interests of the child.

Will it be easier for the father to exercise visitation in NSW?
Does the move provide for better financial or educational opportunities for the children?For example, are you getting a promotion or new job that pays significantly more that isn't available where you are, or does the child have a particular talent or skill where the move allows them specialised training or opportunities?
Is there family in NSW that the child will be able to have more meaningful relationships with?

Try to anticipate what reasons the father may give for denial and how you can mitigate them or prove them irrelevant. Better yet, if he has no reason for denial apart from to be contrite, your chances are likely good the court will grant permission to relocate. Bonus points if the move allows for any more access or financial benefit to the father in your proposed updated orders.

Yes you can just move, and leave it to him to take you to court. It isn't like yo both lived in the same state and forcing you to move back to QLD would be practical. The risk is you would have then demonstrated unilateral decision making against orders or without the fathers permission which you were aware he would not give, and this would either reduce your credibility and likelihood of your proposed changes going through, or at worst make the father look more agreeable to a point where an increase in access is given to him more than you believe is reasonable.

Thank you I am very grateful for the guidance the last orders took every cent I had and cant afford another lawyer so need to do this correctly to avoid any arguments or costs.

 

[sammy01]

So my first set of orders said something about no relocation outside of 50km from XXXX. At the time I had 38% care and the intention was to stop her from reducing the time I have with the kids. I'm thinking there is no such order here. SWEET.

If it doesn't impact on his time with the child then I doubt he has any case as far as taking this to court

 

[WilmaFiinstone]

So my first set of orders said something about no relocation outside of 50km from XXXX. At the time I had 38% care and the intention was to stop her from reducing the time I have with the kids. I'm thinking there is no such order here. SWEET.

If it doesn't impact on his time with the child then I doubt he has any case as far as taking this to court

Sammy01 it sounds like you've gone through quite a bit. Correct it should be a little easier for him. Thank you for the input. I will post how it goes for other people to learn. Thank goodness for this forum where everyone is so generous with their time and experience.