WA Family Law - Can Ex Relocate with Children?

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AllForHer

Well-Known Member
23 July 2014
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That is excellent news that you have not agreed to the relocation. You probably need to move quickly though to restrict her capacity to relocate unilaterally with the kids, otherwise you run up against the challenge of trying to get a relocation order to have the kids moved back, which is generally a lot more difficult than getting an injunction to restrict relocation in the first place.

File an initiating application for parenting orders that also seeks interim orders and see if you can have it heard urgently. The registrar might refuse, but who knows? It may be worth a shot.

In your interim orders, seek an order that neither parent is permitted to relocate with the children more than, say, 20km from their current postcode.

In your affidavit, advise that the children told you about mum's intention to relocate, and on contacting the prospective school, you've confirmed their enrollment for the commencement of Term 1, 2018. Clarify that the mother has at no time consulted with you about the possible relocation, including at your most recent mediation, and you're not agreeable to it.

Of course, seek other parenting orders, as well - time spent with, parental responsibility, etc. - but I would look at getting something like the above in place as well.

Then wait and see what mum's response is. She might not even seek relocation orders, but if she does, then you start making the case for other things, like residency to keep the kids in your local township.
 

Lennon

Well-Known Member
11 September 2014
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As sammy01 said you could self-represent. Given your financial circumstances you can probably also have filing fees waived, so potentially it would cost you nothing to have this dealt with by the courts - if you are willing to put in the work required to self-represent.
 

AllForHer

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23 July 2014
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Anthony1974

Well-Known Member
10 April 2015
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As sammy01 said you could self-represent. Given your financial circumstances you can probably also have filing fees waived, so potentially it would cost you nothing to have this dealt with by the courts - if you are willing to put in the work required to self-represent.


Thank you. I think I probably will have to self represent.
 

sammy01

Well-Known Member
27 September 2015
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look it might not get to court... once you make the application which you can do online you will need to have her served with the paperwork. So that is less than a grand... But once she realises that you're not backing down, she simply might come to an agreement.
 

sammy01

Well-Known Member
27 September 2015
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Lets slow down... the ex has not told him of the plan to move.... a few thoughts. Contact the current school and the planned nee school. Dont mess about. Speak to the principal. Ask for their email address and write an email....dear principal. I believe my ex is planning xxxxxx please be advised that i do not give consent. I have shared parental responsibility for the children and i am in the process of applying to the family court. Consequently i request that the enrollment status of the children is not changed....

I would then write to her and explain what you have done and that you are applying to court and that given you dont consent to the move she might want to discuss alternatives with you rather than have the expense of the move only to be ordered back to the current location by the courts