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WA Family Law - Can Ex Relocate with Children?

Discussion in 'Family Law Forum' started by Anthony1974, 17 May 2016.

  1. Anthony1974

    Anthony1974 Active Member

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    Under Family Law, can my ex relocate our kids 330km away from the town they grow up in and go to school?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Do you have existing parenting orders?
     
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  3. sammy01

    sammy01 Well-Known Member

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    It is going to depend on a range of circumstances. Parenting orders being one of them. The current arrangements and how they will be impacted also matter. The age of the kids might impact.

    Mate short version - give us much detail as you can and then you will get better help about how you should approach this. Stuff like how long since separation / how much time you're currently seeing the kids, etc, etc
     
  4. Coreyrose

    Coreyrose Member

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  5. Coreyrose

    Coreyrose Member

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    My visitation will change to just every second week end and no talking to the kids during the week as well
     
  6. Anthony1974

    Anthony1974 Active Member

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    Hello again.

    Well it looks like my ex is planning on relocating my two girls next year to a town 330km away?

    We finished our mediation at the end of September and were given a parenting plan that we both agreed on. However she is refusing to sign the forms so I can't get it transformed into a legally binding document.

    My eldest daughter J is 12 years old & the head girl of the primary school she attends, but next year she starts high school. The local high school bus drives past my front door everyday for her to easily attend the local high school. My other daughter M who's 8 years old loves it here as that is where they have lived for the past seven years.

    My ex is on a cocktail of prescription medication (250mg lithium daily) & has another boyfriend who has being threatening me to a point that I went to the police to inform them of the threats. They know about him as they have being called to their house before & the girls do not like him at all.

    What can I do to stop her from taking them away? We have no legal orders whatsoever, just this worthless bit of paper after 18 months of mediation! What a waste of time that was!

    Please help.

    Thank you
     
  7. AllForHer

    AllForHer Well-Known Member

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    Did you agree to the relocation at mediation?
     
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  8. sammy01

    sammy01 Well-Known Member

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    If you can afford a solicitor pay for one... If not get your head around how to self-represent and get an application in to court asap. What sort of time have you had with the kids up till now? Mate Iike I said earlier in this thread, the more info you give the better the opinions you can get from punters on here

    The good folk here can help you get a court application together and it will only cost a few hundred dollars in filing fees... It isn't that hard I believe... You can then serve her with the application, so she knows that if she chooses to move she might have to deal with the reality of a court forcing her back, or leaving the kids with you
     
  9. Anthony1974

    Anthony1974 Active Member

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    No I did not agree to it at mediation, it was never mentioned. In fact, she has never mentioned to me at all even after a direct question was put to her. I found out through my kids & by ringing up the schools in the other town to find out if they are enrolled. Yes they are enrolled.

    I can't afford squat at the moment. I run my own one man business, I'm behind on the paperwork, behind on the bills... I'm left to pay 100% of our two morgages, 100% of the shire rates...

    I've been told that it could cost me up to 40k just to have the right to see my own kids 50% of the time. The law is an ass.

    Life shouldnt be this hard.

    Thank you to the good people on this site....
     
  10. Anthony1974

    Anthony1974 Active Member

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    Thank you sammy01 & allforher for your prompt replies.
     
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