VIC Custody of Children - Moving Interstate Without Ex's Permission?
- Thread starter Lachie95
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- custody of children
do you have court orders that say NO? IF not then the answer is still no... See the law says both parents have shared parental responsiibility and as such you should ask mum before making any significant decisions. That said, if you move and the ex tries to force you back, you will then have an opportunity to argue that moving back to the current location is a waste of time because mum doesn't see the kid anyways.
I'd ask mum's permission first.
I'd ask mum's permission first.
I dont have court orders that say i cant but i feel even though she doesnt see him i think she wouldnt allow it dont know why and i have 100% care of him on the centrelink papers and she has 0% does this mean anything in the courts eyes
Parental responsibility, in the absence of any Court orders, is joint and several. This means that the parents can excercise these decision making powers, either jointly or separately.
In any event, it would likely still be a good idea to at least notify the other parent of your intention to move, prior to doing so, given the distance will significantly reduce any 'future' opportunity for the child to spend any time with their other parent should they wish to do so.
In any event, it would likely still be a good idea to at least notify the other parent of your intention to move, prior to doing so, given the distance will significantly reduce any 'future' opportunity for the child to spend any time with their other parent should they wish to do so.
Are there any court orders at all for the child?
Why do you want to move interstate?
What's the child's relationship like with the mother?
No there are no court orders
Better life start fresh
May as well be no relationship with her hes seen her maybe 7 times since we separated
This is spot on.
On top of that - it will be up to your ex to force you back - she will have to file the application, hire a lawyer, pay legal fees, go through all the effort. Meanwhile you are ALREADY interstate and will await the outcome of the case (if it gets to that point) for a result to be determind by court which could go either way.
To offer you a better insight.
You would not be in contravention of any orders if you were not to consult the mother, as, like I said, the 'common law' definition of parental responsibility applies.
However, if you were to just up and leave, without at least informing the mother, and the mother does then make an application to one of the Federal Family Courts (a factor you could not be certain of in spite of her present absence), then leaving without consultation could be frowned upon. A crafty lawyer could also twist the circumstances back on to you
Further, if the mother were to make an application to the Court, as with the legislative definition of ESPR (equal shared parental responsibility) as defined in the Act, that would then come into play, so too would the legislative pathway the Court must follow. This includes the primary considerations, one of them being ' the right of the child to a meaningful relationship with both of his/her parents'.
The absence of a parent in and of itself will not negate the Courts responsibility to look at all of the facts of the case and to follow the legislative pathway.
Always better to have more information than less when we are talking about children and uncertainties (of the Court and other parent) in my view. Keep up the good work looking after your child on your own!
Ok - so I'd suggest speaking to a solicitor first....That is gonna cost a few hundred $. There are some community legal services if you're low income so look that up too. Some law firms will give you a free phone consultation too... Find a Lawyer & Book Online Instantly
If you do - I would ask solicitor this question... What if you communicate to her in writing...And you write something like - Dear ex, I will be moving to XXXX with child. This move will happen in 3 months, unless you seek court orders to prevent it... That makes her responsible to make the effort.
Now I've read a few relocation cases..I'm assuming mum's extended family have nothing to do with the kid either? That being the case, I reckon the mother doesn't have a great argument to force you back.
If you do - I would ask solicitor this question... What if you communicate to her in writing...And you write something like - Dear ex, I will be moving to XXXX with child. This move will happen in 3 months, unless you seek court orders to prevent it... That makes her responsible to make the effort.
Now I've read a few relocation cases..I'm assuming mum's extended family have nothing to do with the kid either? That being the case, I reckon the mother doesn't have a great argument to force you back.
sammy01 said:
Agree.
However, I would extend upon this to suggest that the solicitor has some experience in family law, and more importantly, relocation cases. After all, we are talking about your family here.
It should only take one detailed meeting to then get legal advice from a solicitor in the know.
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