SA Family Court - Possible to Relocate Interstate?

[Please help]

Hi,

I'm new to this online forum stuff so forgive me if this question has been asked before.

I have a 2-year-old that I share custody of children with. Her father works in the mines and does a 9 days on 5 days off roster. He asked if he could see her every second break, and possibly a week out of the school holidays. I've told him that he can see her as much as he can, whenever he likes.

After the separation, I was unable to afford a rental property in the small remote mining town where he was working and had to relocate 6 hours away.

Since then, I have been in a long distance relationship. He is from another state we've talked about moving in together but he can't relocate to South Australia because his job is based fly in fly out of Perth.

I have since found out that we are now exspecting! I'm torn because I would like to relocate to Perth because that would give us a more stable income and environment for both of the children. I have even offered my ex to stay with us to save him money and I would be able to afford to pay one way plane ticket.

What's the likelihood of the family court's ruling in my favour to relocate?

 

[sammy01]

What is the likelihood? No idea. No one can really answer that on a site like this.

Best way to make it happen? Play by the rules. Ask dad - if he refuses, do mediation, then court, if need be. Don't just up and move.

 

[AllForHer]

Since moving six hours away, what are the care arrangements? Does he see the child for five days out of every four weeks and half school holidays?

 

[Please help]

Since moving six hours away, what are the care arrangements? Does he see the child for five days out of every four weeks and half school holidays?

Yes, he comes down 5 days out of the month and stays with us at the house. And we have agreed that he can have her for the school holidays if it works out with his roster. We haven't been to family court and custody drawn up, we've just agreed outside of court.

 

[Lennon]

It seems a bit unrealistic and unfair to expect your ex to stay with you to spend time with his kid. I think you need to put more thought into how a relationship between your child and your ex would be maintained if you move.

Ordinarily in relocation cases the child travels to the other parent and spends time with them at their house. When kids are young this usually involves someone flying with them each way, so several additional airfares.

 

[AllForHer]

Lennon hit the nail on the head - what you need to focus on is how you plan to facilitate the child's relationship with dad if you relocate.

The current arrangement of dad staying at your house is unrealistic and unsustainable, particularly if you intend on moving the child in with your new partner.

Personally, I would rather stick my hand in a blender than have my husband's ex-wife stay with us for five nights a month, but those very common tensions aside, having Parent A around supervising all the time, even inadvertently, would severely limit the child's ability to fully enjoy all the benefits of a unique relationship with Parent B, as well. Even simple differences like mum insisting on fruit and oats for breakfast while dad is okay with Coco Pops for breakfast can negatively influence a child's relationship with either parent.

So you need to consider other options that ensure the child can enjoy a meaningful relationship with dad, even in spite of the distance, otherwise the Court is probably isn't going to make a relocation order in your favour.