QLD Family Law - Can Ex Keep Child Interstate?

[Liz zipp]

I have been seperated from my partner for 10 months, in which time he has had almost no contact with our 2-yea-old child apart from the occasional 2 minute call once in a blue moon. Our child was born in Qld and has lived most of his life here. We moved to Adelaide where our relationship broke down and I re turned to Qld with our child with his knowledge.

He has now asked me to go to Adelaide and for him to spend time alone with our child which I'm willing to do for the sake of our child but I'm worried that if I do let him have time alone with him, he may not let him return to Queensland at the end of the week.

I need to know before I book flights if he has any legal grounds to keep our son in Adelaide.

 

[sammy01]

The easy way. Ask for consent orders - an agreement that can be written up, signed, submitted to the court for approval and is then legally binding...

The not so easy way... No binding agreement and he keeps the kid... You have to apply to court for recovery orders... Which in all likelihood would be granted...

I have once concern.. You said you moved back to QLD with his knowledge. But did he agree? Did you up and move even though he stated that he did not agree?

 

[Liz zipp]

The easy way.... Ask for consent orders - an agreement that can be written up, signed, submitted to the court for approval and is then legally binding....

The not so easy way... No binding agreement and he keeps the kid... You have to apply to court for recovery orders... Which in all likelihood would be granted...

I have once concern.. You said you moved back to QLD with his knowledge.... BUT did he agree? Did you up and move even though he stated that he did not agree?

He did know we were leaving 9 days before we left and said nothing about staying. His parents even drove us to the airport.

 

[sammy01]

So why not just let him have the kid? Seem like nice people - they drove you to the airport...

Here is the problem, you don't want to let dad see his kid in-case he refuses to return the kid right? Well isn't that exactly what you're doing? He has as much right to keep the kid in Adelaide as you have in moving the child to QLD?

My suggestion, you want to keep this out of court... Ask for details in writing... So a nice email...

"Dear ex, can we please confirm arrangements for the visit to Adelaide? We plan to fly in on XXX and both myself and (child) will be returning to QLD on XXXXX. Is this your understanding?"

So if he keeps the kid, you have a clear piece of evidence to show the court.