QLD Ex moving 70km away

[Cameron1977]

oh sorry missed that q.
maybe the word "submitted" is wrong.
when we did the financial consent orders we also provided the parenting plan with the form.

 

[sammy01]

Oh dear... So you made the financial stuff legally binding... BUT left the child access stuff as NOT binding. Ok. Look worse things have happened but if any other punter stumbles upon this thread in the future. Cameron would have done better to have the child access stuff included in the final orders.

 

[Atticus]

when we did the financial consent orders we also provided the parenting plan with the form.

Hmmm.... Don't know why that would be required.... Family court did away with the ability to 'register' a parenting plan back in 2003 (which made it enforceable), but are you absolutely 100% sure that you don't have a parenting order then?

If you have then that obliviously changes things significantly

 

[Muxaul]

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

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

www.austlii.edu.au

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.

Hah, Thanks for your example mate, now I know how to do case law research in Austlii.

 

[Cameron1977]

Oh dear... So you made the financial stuff legally binding... BUT left the child access stuff as NOT binding. Ok. Look worse things have happened but if any other punter stumbles upon this thread in the future. Cameron would have done better to have the child access stuff included in the final orders.

yes i agree and to all out there if you can do that do it! sadly she refused to ever entertain it and my lawyer advised to do it this way and then if things go bad if could be submitted. i wasn't happy but it closed the matter off.

 

[Cameron1977]

Hmmm.... Don't know why that would be required.... Family court did away with the ability to 'register' a parenting plan back in 2003 (which made it enforceable), but are you absolutely 100% sure that you don't have a parenting order then?

If you have then that obliviously changes things significantly

no it hasn't been. strange though the court forms asked for the parenting plan when we checked the box so it was submitted. i guess that is better than nothing. a friend of mine had the same he told me.

 

[sammy01]

I think when submitting divorce paper work and asset division paperwork there is a requirement to make comment on kids. Is there a parenting plan and do both parties agree... Just part of the rubber stamping process...

 

[Cameron1977]

no it hasn't been. strange though the court forms asked for the parenting plan when we checked the box so it was submitted. i guess that is better than nothing. a friend of mine had the same he told me.

yes that appears to be it. nothing has happened yet. all talk so far. a friend in a situation like mine and he got his daughters but only because she chose to move it was in his favour.. just said it could go either way however the court would most likely choose me due to share arrangements and support. but who knows.