QLD Ex moving 70km away

[Cameron1977]

Hi, my ex has told me she is considering moving up to 70km away for her new partner and we need to discuss it. The parenting plan states we can't live more than 20km away from each other to stop us seeing our toddler son.
I do not believe she will just get up and take him so I'm not worried about that - but what are each of our rights with this situation if she does decide to move? Obviously don't want it going to court so hoping if I know the options I can put them forward as options we can discuss. thanks.

 

[Atticus]

what are each of our rights with this situation if she does decide to move? Obviously don't want it going to court so hoping if I know the options I can put them forward as options we can discuss. thanks.

No rights as such..... Only right (under family law act) is that of the child to a meaningful relationship with both parents.... You could argue that in keeping with that right, the current amount of contact that you have be maintained if she does move, ie, the extra travel time is to be taken into account as her care time if possible, or, perhaps an extra night if distance/ changeover time is an issue ..... End of the day unfortunately parenting plans aren't legally enforceable, so it is in your best interests to remain amicable, but you may have to be prepared for a bit of extra travel time yourself to a designated changeover point if she moves..

 

[Cameron1977]

thank you
we have a 50% care arrangement, so school would be the issue which starts in a couple of years.................
if she was to demand that he goes with her would the courts be in my or her favour if it came to that?
am I best to get the parenting plan turned into a custody agreement? (would rather not as this will just rock the boat)

 

[sammy01]

OH dear...
So a parenting plan isn't binding. Relocation cases are problematic. I've read lots of them.... The ones where you think the judge will say hell no he says yup sure... The ones I thought had merit were knocked back.

70km is also problematic. The ex could still give you reasonable access. So it isn't like you'd go from 50/50 to 15% care.

Right now - Don't rock the boat. She wont sign consent orders. Why should she? So your best bet is to refuse and tell her that she can apply to court if she wants but if she moves you will apply for recovery orders. Mate it is a bit of a bluff.

70km? City or country? 70km is 3 hours in city traffic but just down the road (kinda) in the country. I reckon you just refuse and tell her that you'll apply to court for 100% care if she was to move. I hate my advice... IF she were to move 70km I'd advise you to move 70km too. Suxs but 12 months in family court with only a 50/50 chance of success is not a great place to be either...

 

[Atticus]

if she was to demand that he goes with her would the courts be in my or her favour if it came to that?

Couldn't say, but I can say with a fair degree of certainty that once the child starts school, a 50/50 arrangement will only be considered if it's practical in all the circumstances to make such an order, ie, you both live within relatively close proximity to the school (& each other) you can demonstrate an ability to co parent (current parenting plan & history of it working 50/50 so far is in your favor) & that it continues to be in the best interests of the child to do so...

Has there been any discussions up to this point as to where he may be enrolled to start school?..... What are the living situation of you both.... Are you in your own home or renting? What about her? .... is the partners place 70KM away a rental or doe's he own it? What is her & his work situation in that area?

 

[Cameron1977]

thank Sammy and Atticus for the feedback.

Sammy: 70kms, about an hour drive depending on traffic i assume. know you may not know - but how would they determine who is best to live with? I'm not moving - kind of can't - I own my house, my work etc. is all near me. she is moving for a guy and would have to change jobs herself. she has signed the parenting plan and it's been submitted etc. I know not binding but has to be something the court will acknowledge. was also told i could just submit it.

Attitus: we have discussed schools but nothing done. I own my house and she rents. I'm not sure on the owning/renting situation where she is moving. he also has a young boy around 7. He works in the area, she works local to her current address so she would need to find a new job I think.

my hope is they compromise and move half way so she can keep working local and drive past the school on the way.

 

[sammy01]

You are not gonna like me...
Have a read -
These are court cases for relocation

AustLII: 1,785 documents found for (family relocation)

When you start bleeding from the eyes from exhaustion because you can't find any consistency in the judgements you will realise why you're not gonna like me.... Seriously, you could read all day and be none the wiser. Short version is there is no template, no rule book. Each case is judged based on the judge and the merits of the case.

50/50 care is a huge factor. WIN to you.
But it is only 70km... So there is an argument that you'd still be seeing the kid, just not as much... It's not like she is moving sooo far away that you can't reasonably see the kid often.

Your best bet is to tell her that the kid can live with you and that if she does anything that stuffs up the current arrangements You will take it to court. Hopefully the bluff is enough to get her to pull her head in. You wanna know what would happen in court. Again, not gonna like me... But there are basically two possibilities.
1. She be permitted to move with the kid.
2. She be told that if she moves the kid stays with you....
But you knew that already... which one is it likely to be? You're not gonna like my answer. True...
Dont know. Mate I reckon I'm a bit of an expert on relocations because I was in your predicament. The ex wanted to move 9 hours away... I read everything, like I said I reckon I'm a bit of an expert... And for all that time reading and learning, I'm more bloody confused than when I started.

 

[Atticus]

she has signed the parenting plan and it's been submitted etc.... was also told i could just submit it.

Submitted it to where exactly?

Atticus: we have discussed schools but nothing done. I own my house and she rents.

This may add some weight in your favour along the lines of stability in the courts eyes IF your son is enrolled in a school near you, so having an honest & open talk about what school is well due if she is thinking of moving.... just considering schooling alone, from a practical pont of view it would make more sense to enroll near you rather than near a new partner...

Of course the other aspect is if you were to take on a greater percentage of care than the current 50/50, is that practical in your case, regarding work etc, & is primary carer something you even want to take on?

 

[Cameron1977]

thanks again
sammy: yeah it's just a matter of dad vs mum isn't it. basically moving from one end of brisbane to the other east to west but far enough for the custody arrangement to change.
atticus: ok and yes happy to take on more care. I have youngish parents and a brother and a sister in the area that can help.

chat is over the weekend so I'll let you know what happens.

 

[Atticus]

So still wondering where you submitted parenting plan?.. Only because if it has been submitted as consent orders with the court that may change things