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TAS Family Law - Father Preventing Our Relocation - Where Do I Stand?

Discussion in 'Family Law Forum' started by mickyrat, 7 January 2016.

  1. mickyrat

    mickyrat Member

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    I am wanting to relocate from TAS to QLD before the new school year begins. Only thing stopping me is my 9-year-old's dad (when he wants to be). I have been the sole parent and have sole custody of children for my son since birth with very little input from his father.

    Up until probably 2, 3 year ago, he wasn't having anything to do with him. The last couple of years it has been very little contact. He is lucky to see his dad every couple of months, no regular phone calls, no letters, etc. It has only been the last 3 months we have been given his contact number.

    My son has ADHD and currently awaiting testing for autism and starts grade 4 this year. His dad has not been involved in any of his schoolings, nor been involved in any medical appointments, or made any attempt to understand what our son deals with on a daily basis, witnessed a meltdown, or learnt anything about his condition.

    My son hasn't a bond with his father and when he rang and asked to go stay with him, he is very hesitant. If he does go, he won't stay away any longer than a couple of nights, then when home he is always upset or crabby about his time there.

    We are wanting to relocate to QLD as my partner of 7 years has had trouble finding employment and has been given a great opportunity for work, I have also got work opportunities there, I have family there for help and support, I can gain so much more help for my son to help with his problems. I will be able to get the extra help my son now needs in school as he is falling behind due to nothing been done at his school due to lack of funding and huge waiting lists for things like cognitive testing, teacher aids, etc.

    Anyway, his dad is suddenly acting like his dad and is telling us he is going to try and stop us just when we're about ready to finalise things and move.

    Please, where do I stand under Family Law? We need to make this move. :-( My son wants this move to happen and can't understand why his dad is wanting to stop him when he has no time for him, He has told his dad he would come visit on school holidays.
     
  2. sammy01

    sammy01 Well-Known Member

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    Did you inform the dad of your intention to move? If so, when did that happen and what was his response?

    Do you have any court orders / consent orders?

    Relocation is really hard to give suggestions on. Look, you could move and hope the ex won't make a court application to have you returned but it is a gamble...
     
  3. mickyrat

    mickyrat Member

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    Yes, I informed him as soon as we were approached with the job offer. No court orders as he hasn't worried about him till now.
     
  4. sammy01

    sammy01 Well-Known Member

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    Ok, so you have a few options:

    1. Apply to court to relocate...
    2. Relocate and see if he makes a court application to get you to return... Look, if he has had minimal contact and as you don't have court orders, then you'd have good grounds to be granted the right to remain in QLD...
     
    mickyrat likes this.

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