NSW Custody of Children - Move Children from NSW Coast to ACT?

[KEL]

My ex partner and I finalised our separation early last year. I had to agree to not move the children to the ACT in the immediate term. He tried to get me to agree not to try and move them until the youngest finished Yr 6 (another 4 years away). I did not agree to this term.

The children were born in a small coastal town. We have a 50/50 shared custody of children, week-on, week-off. There is very limited opportunity for the boys in this area including schooling, sports, general activities. I would like to move them to the ACT to give them access to these opportunities (nearly 3 hours drive from where they are now). I am not interested in stopping the children from seeing their father, this would be unfair and not right for them or their father. He has a family house in the ACT as well as extended family there. I also have family there. I work in the ACT during the week that the children are not with me.

My employer would put me on full-time once I move to Canberra. I have bought a house with a friend so the children have a home environment. They stay in Canberra on school holidays and love it there too. They have friends and extended family around them up there. There are 3 schools to choose from in a 5km radius from our home, as well as public transport access to the more well known private schools. There are many more sporting and other activities the children would have access to.

Do I have any chance of being able to do this? If so, how should I go about it?

Thanks

 

[AllForHer]

It's impossible to predict which way the court will rule in relocation matters. Sometimes, things pan out as expected, and sometimes, they go completely the other way.

Your first step, in any case, is a family dispute resolution conference with the father to try and reach agreement about the relocation.

To improve the likelihood of reaching agreement with the father, have you considered what care arrangements you might be able to pitch to the father that allows the kids to continue having a meaningful relationship with him? For example, maybe they can spend every second weekend, every long weekend, and half school holidays with him, and you could meet halfway to facilitate that. Or perhaps you could pay for the costs of increased travel, etc.

If you're unable to reach agreement, you can apply to the court for parenting orders allowing you to move with the children. Orders of this nature will be decided based on the best interests of the children, and the pathway the court uses to decide what's in the best interests of the children is outlined in section 60CC of the Family Law Act 1975. It's worthwhile having a read of this section because it'll give you an idea of what the court will want to know about why you think the relocation will be better for the kids.

Anyway, hope this helps.

 

[KEL]

Thanks for your prompt response. I will look into section 60CC.