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VIC Family Law and Divorce - Chances of Relocation?

Discussion in 'Family Law Forum' started by Marian, 9 February 2016.

  1. Marian

    Marian Active Member

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    I am going through a divorce because of adultery. I have two girls 5 & 8.

    First question: I need to know on average, how many hours, days or sleepovers would the court allow him?

    Secondly, I want for example to move to Melbourne next year. Is there any possibility that he would have the power to stop me from doing that under Family Law?

    I thought about going back to my home country to get the family support.
     
  2. sammy01

    sammy01 Well-Known Member

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    The law doesn't care about adultery.

    The law also states that a magistrate must consider 50/50 care. The amount of time he gets will be dependant on lots of things. Probably most importantly how much time he wants and how much you try to stop him.

    Relocating will impact on his time with the kids. Courts are not going to look favourably on a parent that wants to do that. My ex-wife relocated, she left 4,6 and 9 yr old children with me. The reason? Largely because she knew she'd have a huge fight on her hands in court and probably would not win...
     
  3. AllForHer

    AllForHer Well-Known Member

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    Do not leave the country.

    It's a criminal offence to remove children from a country without the consent of both parents, and you'll be in for a Hague Convention case with costs so high, you could almost buy yourself a small country for the same amount.

    Adultery is irrelevant in family matters because being a cheater does not equal being a bad parent. As such, if that's your only complaint, I wouldn't waste your time and money going to court on the hope the outcome will be in your favour. Fathers generally always come off better through Court than they do through mediation, and for the record, a parent found not to support a child's relationship with the other parent risks losing residency altogether.

    You'd be better off getting some counselling, doing a free post-separation parenting course and learning to co-parent so the kids don't suffer as a result of their parents' poor choices. I understand that you're likely hurting and want him to hurt, too, but don't use the kids' time with their dad to achieve that. If he takes you to Court, the judge won't care about his infidelity, nor will he/she have any compassion for your situation.

    If you do go to court, though, you can expect the court to consider whether 50/50 arrangements are viable. I suggest attending a family dispute resolution conference to try and negotiate a care arrangement that ensures the kids spend time with both parents, and then establishing that into a parenting plan or consent orders before you relocate. If you relocate without anything in place or without the father's consent, he would be within his rights to file for a recovery order, which may see you and/or the kids ordered back to the town of origin.
     
  4. Marian

    Marian Active Member

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    Thanks, dears.

    Actually, I don't really want to take revenge or use the kids. The truth that he is the one who uses them now asking for sleepovers and more exposure while he has never been interested in them. He sent us overseas and started his relationship and refused my trials of return for 3 years. The point that the kids almost has no relation with him, and I'm thinking about the psychological trauma that might happen if I forced them to go specifically they are very attached to me.

    Is it 50/50 if I am the primary carer?

    Also regarding the relocation, do I have to get his approval to move 2 hrs far in same state?
     
  5. sammy01

    sammy01 Well-Known Member

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    So firstly, I said the courts must consider 50/50 where appropriate.

    Look if there are no court orders in place, you could move 2 hours away but he could seek orders to make you return.
     

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